Terms and Conditions
Last Updated: 02\05\2025

1. Introduction

1.1. Purpose and Objectives

These Terms and Conditions ("Terms") constitute a legally binding agreement that governs your use of the TrekGuider Inc. digital marketplace ("Marketplace"). By accessing or using the Marketplace in any manner, you acknowledge that you have read, understood, and agree to be fully bound by these Terms, which establish the comprehensive rules, requirements, and guidelines for all users, including, but not limited to, buyers, sellers, content creators, and visitors.

1.2. Scope and Applicability

These Terms are comprehensively applicable to:

·       Buyers: Individuals or entities purchasing digital products through the Marketplace.

·        Sellers: Individuals or entities listing and selling digital products on the Marketplace, including authors, content creators, and businesses.

·        Visitors: All users accessing the Marketplace for any purpose, including simply browsing content, even without creating a user account.

For absolute clarity, these Terms apply to any and all conceivable uses of the Marketplace, encompassing, but not limited to, browsing the website, accessing any content, registering a user account, listing products for sale, purchasing products, utilizing interactive features, engaging with community functionalities, and employing any other features or functionalities currently or subsequently offered on the Marketplace platform.

1.3. Acceptance of Terms

By initially accessing or subsequently using the Marketplace in any manner, you definitively acknowledge and unequivocally affirm that you have carefully read, fully understood, and explicitly agree to be unconditionally and irrevocably bound by the entirety of these Terms. Furthermore, you expressly understand and agree that your continued access to or use of the Marketplace following the posting of any revisions, modifications, or updates to these Terms will automatically and immediately constitute your ongoing, informed, and legally binding acceptance of all such changes, without any requirement for further explicit consent or affirmative action on your part. You bear the sole responsibility for regularly reviewing these Terms to remain fully apprised of any and all amendments.

2. User Obligations and Acceptable Use

2.1. Permitted Use

Subject to your continuous and complete adherence to these Terms and Conditions, the Privacy Policy, and all other applicable Marketplace policies, you are expressly authorized to engage in the following permitted uses of the Marketplace:

·        Travel Blogger Directory Engagement: To actively engage with and utilize the Travel Blogger Directory feature of the Marketplace for the express purpose of discovering, identifying, and establishing legitimate professional connections with travel content creators. This permitted use is explicitly conditioned upon your unwavering commitment to consistently respect the privacy rights, data protection entitlements, and intellectual property of all bloggers and content creators listed within the Directory. Any utilization of the Travel Blogger Directory for purposes of unsolicited commercial solicitation, spamming, harassment, or any other form of inappropriate, unethical, or unlawful outreach is strictly and unequivocally prohibited and will be subject to immediate and decisive enforcement action by the Marketplace.
·        Voluntary Donation Feature Utilization: To voluntarily utilize the optional \"Donate\" feature to provide entirely discretionary financial support to sellers on the Marketplace whom you choose to support, strictly subject to the terms and conditions outlined in the Payment Policy and Seller Agreement, and in full accordance with all applicable laws and regulations. For absolute clarity, the \"Donate\" feature is provided solely for voluntary user contributions and does not create any obligation on the part of any user to donate, nor does it guarantee any specific level of donations to sellers.
·        Referral Program Participation: To participate in the Marketplace\'s Referral Program in full accordance with the Terms and Conditions meticulously outlined in the Seller Agreement and Payment Policy, including, but not limited to, utilizing referral links, earning referral bonuses, and managing user balances, all subject to your ongoing compliance with program rules and eligibility criteria.
·        Social Login Feature Utilization: To utilize social login features offered by the Marketplace for streamlined account registration and login processes, strictly in accordance with these Terms and Conditions and the Privacy Policy, and with full respect for the terms of service and privacy policies of integrated social media platforms (e.g., Google, Facebook, Twitter/X). Your use of social login features is entirely voluntary and at your sole discretion.
·        Social Media Sharing Icon Utilization: To utilize social media sharing icons provided on the Marketplace to share content and information of legitimate interest to you, provided that such sharing is conducted in a manner that is fully compliant with these Terms and Conditions, the Copyright Policy, and all applicable laws and regulations, and consistently respects the terms of service and acceptable use policies of the respective social media platforms (e.g., Facebook, Twitter/X, Pinterest, WhatsApp, Telegram, Email). You are solely responsible for ensuring that any content you share using these features complies with all applicable platform policies and legal requirements.

2.2. Prohibited Activities

You explicitly agree, warrant, and covenant that you will not, under any circumstances, engage in, facilitate, or enable any of the following strictly prohibited activities in connection with your use of the Marketplace:
·        Fraudulent, Deceptive, or Harmful Conduct: Engaging in any form of fraudulent, deceptive, misleading, unethical, or harmful behavior, including, but not limited to, fraudulent transactions, deceptive product listings, and any activities intended to defraud, deceive, or harm other users or the Marketplace itself.
·        Illegal, Infringing, or Harmful Content Upload and Distribution: Uploading, posting, transmitting, distributing, or otherwise making available any content that is illegal, unlawful, infringing, unauthorized, or harmful, including, but not limited to, spam, unsolicited commercial communications, offensive materials, hate speech, defamatory content, malicious software (malware), viruses, Trojan horses, worms, or content that violates intellectual property rights, privacy rights, or any other rights of third parties.
·        Security Disruption and Compromise Attempts: Attempting to disrupt, degrade, impair, disable, overburden, or otherwise compromise the security, integrity, availability, or functionality of the Marketplace, its servers, networks, systems, or associated infrastructure, by any means whatsoever, including, but not limited to, hacking, denial-of-service attacks, or unauthorized penetration testing.
·        Circumvention of Security Measures and Access Controls: Circumventing, bypassing, disabling, defeating, or attempting to circumvent, bypass, disable, or defeat any security measures, access controls, authentication protocols, or authorization mechanisms implemented by the Marketplace to protect its systems, data, or user accounts, including, but not limited to, password cracking, session hijacking, or exploiting software vulnerabilities.
·        Unauthorized Advertising, Marketing, or Promotional Activities: Using the Marketplace for any unauthorized advertising, marketing, or promotional purposes, including, but not limited to, spamming, unsolicited bulk email, chain letters, pyramid schemes, or any other form of unauthorized commercial solicitation directed to Marketplace users.
·        Unauthorized Collection and Harvesting of Personal Data: Collecting, harvesting, scraping, or otherwise obtaining any personally identifiable information, user data, or other confidential or proprietary information from the Marketplace without explicit prior written authorization from TrekGuider Inc., including, but not limited to, email addresses, usernames, contact details, or browsing history.
·        Impersonation and Misrepresentation of Affiliation: Impersonating any person or entity, or falsely stating, misrepresenting, or otherwise misleadingly implying your affiliation with any person or entity, including, but not limited to, TrekGuider Inc. personnel, other Marketplace users, or any third-party organizations.
·        Automated Access via Bots, Spiders, Scrapers, or Similar Means: Using any robot, spider, scraper, data mining tool, or other automated means, mechanism, or process to access, monitor, copy, extract, or otherwise interact with the Marketplace for any purpose whatsoever, without our express prior written permission and authorization, including, but not limited to, data extraction, content aggregation, price monitoring, or competitive analysis.
·        Reverse Engineering, Decompilation, and Disassembly: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, underlying ideas, algorithms, or organizational structure of any portion of the Marketplace, its software, or its underlying technologies, except to the limited extent expressly permitted by applicable mandatory law.
·        Interference with Marketplace Operations: Interfering with, disrupting, or attempting to interfere with or disrupt the proper operation of the Marketplace or the servers, networks, or infrastructure used to make the Marketplace available, or violating any requirements, procedures, policies, or regulations of such networks or infrastructure, including, but not limited to, transmitting viruses, worms, or other malicious code, or engaging in denial-of-service attacks.
·        Violation of Applicable Laws, Regulations, and Third-Party Rights: Violating any applicable international, federal, state, or local laws, statutes, ordinances, regulations, administrative rules, or legally binding directives, or infringing, misappropriating, or violating any third-party rights, including, but not limited to, intellectual property rights, privacy rights, contractual rights, or proprietary rights.
·        Circumvention and Manipulation of Automated Systems and AI Functionalities: Attempting to circumvent, bypass, manipulate, or otherwise interfere with automated systems and processes implemented by the Marketplace, including, but not limited to, content moderation tools, fraud detection mechanisms, sanctions screening systems, and AI-driven functionalities and APIs integrated into the Marketplace. Users are strictly prohibited from engaging in any activities intended to generate false positives or negatives in automated content moderation systems, or otherwise interfere with the intended functioning of AI-driven features and APIs integrated into the Marketplace, including, but not limited to, reverse engineering or any other methods aimed at circumventing or manipulating such functionalities, or attempting to gain unauthorized or disproportionate benefits from such systems through manipulation or circumvention.
Violation of these guidelines may result in account suspension, termination, or legal action.

2.3. Compliance with Laws

·        General and Unconditional Legal Compliance Obligation: You bear the absolute and unconditional obligation to ensure that your access to and use of the Marketplace, including all activities conducted by you on the platform, at all times fully and strictly complies with all applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding directives, including, but not limited to, all applicable export control laws, trade sanctions, economic embargoes, and tax laws. This comprehensive compliance obligation extends to all aspects of your use of the Marketplace, irrespective of your location, jurisdiction, or specific activities undertaken.
·        Seller-Specific Tax Compliance Responsibilities: If you register as a seller on the Marketplace and engage in commercial activities, you explicitly acknowledge, understand, and agree to fully and meticulously comply with all applicable tax laws, regulations, and administrative requirements in all relevant jurisdictions, including, without limitation, United States federal and state tax regulations, as well as any applicable tax laws in your country of residence or operation. You are solely responsible for determining your tax obligations, properly registering with relevant tax authorities, accurately calculating, collecting, reporting, and remitting all applicable taxes, duties, levies, and assessments arising from your sales and activities on the Marketplace. Please refer to the Seller Agreement and Payment Policy for comprehensive and detailed information regarding seller tax obligations, automatic tax form generation processes implemented by the Marketplace for the convenience of eligible U.S. resident sellers, and important disclaimers regarding the Marketplace\'s non-provision of tax advice.

2.4. Sanctions and Export Control Compliance

·        Unwavering Commitment to Sanctions and Export Control Compliance: TrekGuider Inc. unequivocally commits to conducting all business operations with unwavering adherence to, and full compliance with, all applicable sanctions, export controls, and trade embargoes rigorously imposed, administered, and enforced by the United States government and other relevant jurisdictions worldwide. This paramount commitment encompasses, but is not limited to, strict and continuous adherence to all regulations, directives, and restrictions promulgated, administered, and enforced by the U.S. Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce, as these regulations may be amended, expanded, or superseded from time to time.
·        Absolute and Comprehensive Prohibition on Use by Sanctioned Parties and in Sanctioned Jurisdictions: Access to and utilization of the TrekGuider Marketplace is strictly, absolutely, and comprehensively prohibited for any and all individuals or entities who are, or who represent, warrant, or covenant that they are not, directly or indirectly:

o   Sanctioned Geographies: Located in, resident in, domiciled in, or a national, citizen, or government of, any comprehensively sanctioned, embargoed, or restricted country, territory, or jurisdiction, as designated, amended, or expanded from time to time by the U.S. government or other relevant sanctions authorities. This currently includes, but is not limited to, Cuba, Iran, North Korea, Syria, Venezuela, and the Crimea, Donetsk People\'s Republic, Luhansk People\'s Republic, Kherson and Zaporizhzhia regions of Ukraine, as these jurisdictions may be amended or expanded from time to time by the U.S. government.
o   Sanctioned Parties and Listed Entities: Specifically identified, designated, or listed on any U.S. government sanctions lists, restricted parties lists, denied persons lists, or entity lists, or any similar lists promulgated, maintained, or enforced by OFAC, BIS, or other U.S. government agencies, or by relevant international organizations or jurisdictions, that restrict, prohibit, or otherwise limit transactions, dealings, or interactions with listed parties. This prohibition includes, without limitation, identification on the OFAC Specially Designated Nationals and Blocked Persons List (SDN List), the BIS Denied Persons List, the BIS Entity List, the BIS Unverified List, and any other such lists, irrespective of their nomenclature or issuing authority.
o   Entities Controlled by Sanctioned Parties: Directly or indirectly owned or controlled, in the aggregate, by 50 percent or more, individually or in the aggregate, by one or more persons or entities identified in the categories above. This comprehensive prohibition explicitly extends to any and all entities owned or controlled, directly or indirectly, by sanctioned parties, irrespective of the entity\'s jurisdiction of incorporation, principal place of business, or operational activities.
·        Universal and Unqualified Prohibition of Sanctioned Transactions and Activities: You explicitly, unequivocally, and irrevocably agree, warrant, and covenant that you will not, under any circumstances, utilize the TrekGuider Marketplace, directly or indirectly, for any transactions, activities, or interactions that would, could, or might reasonably be construed to constitute a violation, circumvention, or evasion of U.S. sanctions laws, export control laws, or any other applicable regulations governing restricted, prohibited, or controlled transactions, activities, or destinations. This comprehensive, universal, and unqualified prohibition includes, but is not limited to, knowingly or unknowingly engaging in transactions or activities that involve, directly or indirectly:
o   Sanctioned Individuals, Entities, and Jurisdictions: Transactions, dealings, or interactions with, on behalf of, or for the ultimate benefit of individuals or entities located in, resident in, domiciled in, nationals of, citizens of, or controlled by sanctioned countries, territories, or jurisdictions, or parties specifically identified, designated, or listed on U.S. government sanctions lists or restricted parties lists, as comprehensively delineated above.
o   Export-Controlled Products, Services, Software, or Technologies without Mandatory Licenses: The offer, sale, export, re-export, transfer, diversion, provision of access to, or facilitation of transactions involving any products, services, software, or technologies that are subject to U.S. export controls and require mandatory licenses, license exceptions, or other governmental authorizations for export, re-export, or in-country transfer to certain restricted or embargoed destinations, end-users, or for proscribed end-uses, without first meticulously obtaining, fully complying with, and maintaining in full force and effect, all required licenses, license exceptions, or other authorizations from the U.S. government and all other relevant authorities with competent jurisdiction. This comprehensive prohibition explicitly includes, but is not limited to, controlled digital products, encryption technologies, technical data, software, and any other controlled items or technologies.
o   Circumvention, Evasion, or Violation of Sanctions or Export Controls: Any activity, transaction, or interaction, whether direct or indirect, overt or covert, that has the express or implied purpose, intent, or reasonably foreseeable effect of evading, circumventing, violating, causing a violation of, or conspiring to violate any applicable U.S. sanctions, export control laws, or regulations, or that would, could, or might reasonably facilitate, enable, induce, or assist any other person or entity, whether affiliated or unaffiliated, to violate such laws and regulations.
o   Benefit to Sanctioned Jurisdictions or Parties or Diversion to Prohibited End-Uses: Any activity, transaction, or interaction that would, could, or might reasonably be construed to directly or indirectly benefit, finance, sponsor, support, or otherwise contribute to the economic, commercial, financial, industrial, military, or technological capabilities or interests of sanctioned countries, territories, individuals, or entities, or that could foreseeably result in the diversion of goods, services, or technology to prohibited end-uses or end-users in violation of applicable export control laws.
·        Proactive and Comprehensive Marketplace Monitoring, Screening, Interdiction, and Enforcement Measures: To proactively ensure rigorous, continuous, and demonstrable compliance with all applicable sanctions and export control laws, and to maintain the unimpeachable integrity of the Marketplace as a legally compliant and ethically operated platform, TrekGuider Inc. proactively implements, diligently maintains, and continuously enhances comprehensive, multi-layered, and technologically advanced monitoring, screening, interdiction, and enforcement measures, which include, but are not limited to:
o   Automated, Real-Time, and Retrospective Sanctions Screening: Employing sophisticated, industry-leading automated sanctions screening systems, software platforms, and data analytics technologies to conduct continuous, real-time, and retrospective screening of users (particularly sellers and high-value buyers), transactions, user-generated content, and all other relevant data points against meticulously curated, dynamically updated, and exhaustive sanctions lists, restricted parties lists, denied persons lists, entity lists, and other relevant government watchlists and restricted jurisdiction lists, as promulgated and updated by OFAC, BIS, and other U.S. government agencies and relevant international authorities.
o   Automated and Manual Transaction Blocking, Rejection, Freezing, and Interdiction: Implementing robust, multi-layered, and continuously refined automated and manual controls, protocols, and procedures to systematically and effectively reject, block, freeze, interdict, prevent, and otherwise impede any and all transactions, activities, access attempts, or content uploads that are flagged, identified, or reasonably suspected as potentially violating sanctions or export control laws, or that involve, directly or indirectly, sanctioned parties, sanctioned jurisdictions, or transactions with prohibited destinations, end-users, or end-uses.
o   Immediate Account Suspension, Permanent Termination, and Access Restriction for Violations and Suspected Violations: Reserving the unequivocal, absolute, and non-reviewable right, exercisable in TrekGuider Inc.'s sole and exclusive discretion, to immediately and without prior notice, explanation, or opportunity for remediation, suspend, temporarily disable, permanently terminate, or comprehensively restrict access to any and all accounts of users who are definitively determined to be in actual or suspected violation of these Sanctions and Export Control Compliance provisions, or who are reasonably suspected, in TrekGuider Inc.'s sole and exclusive judgment, of engaging in activities that may constitute, facilitate, or enable a violation of applicable sanctions or export control laws, regulations, or directives.
o   Rigorous Internal Investigations, Comprehensive Audit Trails, and Mandatory Reporting to Authorities: Conducting prompt, thorough, and meticulously documented internal investigations of any and all suspected, alleged, or potential violations of sanctions or export control laws, regulations, or directives, and maintaining comprehensive audit trails and evidentiary records of all such investigations and related compliance activities. Where legally mandated, ethically advisable, or deemed reasonably necessary or appropriate in TrekGuider Inc.'s sole and exclusive judgment, proactively and voluntarily reporting suspected violations, confirmed violations, and other relevant compliance matters to relevant U.S. government agencies, regulatory authorities, financial intelligence units, and law enforcement bodies, and fully cooperating with any and all inquiries, investigations, audits, examinations, or enforcement actions initiated by such authorities.
·        Comprehensive and Unequivocal Disclaimer of Liability and User Acknowledgment of Sole Responsibility: The TrekGuider Marketplace functions exclusively as a technology platform and intermediary venue to facilitate transactions and interactions between independent buyers and sellers of digital products and services and does not, and under no circumstances shall be construed to, provide legal advice, legal opinions, or legal guarantees of any kind or nature whatsoever regarding sanctions and export control compliance. Users bear sole, exclusive, absolute, and non-delegable responsibility for independently, proactively, and continuously verifying, assessing, and ensuring that their access to and use of the Marketplace, including any and all transactions, activities, and interactions conducted through the platform, fully, comprehensively, and perpetually complies with all applicable sanctions, export control laws, regulations, and directives. To the maximum extent legally permissible under applicable mandatory law:
o   Comprehensive and Unqualified Disclaimer of Liability for Sanctions and Export Control Violations: TrekGuider Inc., its affiliates, subsidiaries, parent companies, successors, assigns, officers, directors, employees, consultants, agents, and representatives explicitly, unequivocally, and irrevocably disclaim any and all liability, responsibility, legal culpability, or financial exposure for any claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, penalties, fines, forfeitures, legal actions, regulatory enforcement proceedings, or other adverse consequences of any kind or nature whatsoever, whether foreseeable or unforeseeable, direct or indirect, actual or contingent, present or future, incurred by users, third parties, governmental authorities, regulatory agencies, or any other individuals or entities, arising from, relating to, or resulting from any violation, alleged violation, suspected violation, or perceived violation of sanctions, export control laws, or regulations by users of the Marketplace, or by any other party, whether such violation is intentional, unintentional, negligent, inadvertent, direct, indirect, or otherwise. This comprehensive and unqualified disclaimer of liability extends, without limitation, to any and all forms of legal, equitable, monetary, regulatory, or punitive remedies, sanctions, or consequences that may be imposed, assessed, or sought by any governmental authority, regulatory agency, or private party.
o   Unequivocal No Warranty of Compliance and User Assumption of All Risks: The TrekGuider Marketplace makes no representations, warranties, covenants, or guarantees, express or implied, statutory, contractual, or otherwise, that the Marketplace platform, its services, its functionalities, or any user activities conducted through, on, or in connection with the Marketplace will, can, or do ensure, guarantee, or otherwise warrant perpetual, uninterrupted, or error-free compliance with sanctions or export control laws, regulations, or directives. Users are solely, exclusively, and absolutely responsible for independently, proactively, and continuously verifying, assessing, and ensuring their own comprehensive, ongoing, and unimpeachable compliance with all applicable sanctions, export control laws, and regulations, and users explicitly acknowledge, understand, and agree that they are accessing and utilizing the TrekGuider Marketplace, and conducting any and all activities and transactions through the platform, entirely at their own volition, under their own exclusive control, and with their fully informed consent and express assumption of all associated legal, regulatory, financial, and reputational risks, liabilities, and consequences.
However, users acknowledge that these measures are discretionary and do not guarantee the complete and infallible prevention of all potential violations.

3. Disclaimer of Warranties

3.1. Service "As Is"

The marketplace, including, without limitation, all content, software, functions, materials, and information made available on or accessed through the marketplace, is provided on a strictly "As is" and "As available" basis, without any representations, warranties, covenants, or guarantees of any kind, either express or implied, statutory, contractual, or otherwise. To the fullest extent permissible under applicable law, we explicitly disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, completeness, currency, uninterrupted or error-free operation, security, or freedom from viruses or other harmful components. We do not warrant, guarantee, or make any representations that access to the marketplace will be uninterrupted, timely, secure, or error-free, or that defects will be corrected, or that the marketplace or the servers that make it available are free of viruses or other harmful components.

3.2. Third-Party Content

You expressly acknowledge and agree that the marketplace operates solely as a technology platform and intermediary venue to facilitate transactions and interactions between independent buyers and sellers of digital products. The marketplace does not, and cannot, exercise editorial control over, and does not endorse, warrant, or assume any responsibility or liability for, the accuracy, reliability, legality, authenticity, safety, or quality of any and all content, products, services, information, or materials provided, uploaded, transmitted, distributed, or otherwise made available by sellers, content creators, or other third parties through the marketplace (collectively, "Third-party content"). All digital products and services offered on the marketplace are offered by independent sellers, and your interactions, transactions, and engagements with such sellers are solely and exclusively between you and the applicable seller. You explicitly acknowledge and agree that you assume all risks associated with your use of, reliance upon, or interactions with any and all third-party content, products, and services obtained through the marketplace. The marketplace undertakes no obligation, and expressly disclaims any and all liability, for independently verifying, validating, or authenticating the accuracy, legality, or quality of digital products listed by sellers or other third-party content. Buyers are solely and exclusively responsible for conducting their own independent evaluations, due diligence, and assessments of the suitability, quality, and legality of products before making a purchase.

3.3. Disclaimer of Specific Warranties

To the fullest extent permitted by applicable mandatory law, the marketplace, TrekGuider inc., and its affiliates, officers, directors, employees, agents, and representatives, hereby explicitly and irrevocably disclaim all warranties, representations, covenants, and guarantees, whether express or implied, statutory, contractual, or otherwise, including, but not limited to, any and all implied warranties of merchantability, merchantability infringement, fitness for a particular purpose, non-infringement of third-party rights, title, quiet enjoyment, data accuracy, system integration, or arising from course of dealing or usage of trade, regarding the marketplace, its content, its functionalities, its products, its services, and any and all information, materials, or services furnished or made available by TrekGuider inc. Or its affiliates through or in connection with the marketplace. The marketplace makes no warranty, representation, covenant, or guarantee that the quality of any products, services, information, or other material purchased or obtained by you through the marketplace will meet your expectations, requirements, or satisfaction, or that any errors or defects will be corrected. No advice or information, whether oral or written, obtained by you from the marketplace, TrekGuider inc., or through the marketplace shall create any warranty, representation, covenant, or guarantee not expressly and explicitly stated in these terms and conditions.

4. Limitation of Liability

4.1. Exclusion of Certain Damages

To the maximum extent permitted by applicable mandatory law, in no event shall TrekGuider inc., its affiliates, officers, directors, employees, agents, or representatives be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, business opportunities, goodwill, reputation, data, or use, whether incurred directly or indirectly, or any other intangible losses, arising out of or relating to: (a) your access to or use of, or inability to access or use, the marketplace; (b) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (c) any interruption or cessation of transmission to or from the marketplace; (d) any bugs, viruses, trojan horses, worms, logic bombs, or the like that may be transmitted to or through our marketplace by any third party; (e) any errors, omissions, or inaccuracies in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the marketplace; and/or (f) user content or the defamatory, offensive, or illegal conduct of any third party, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not TrekGuider inc. has been advised of the possibility of such damages.

4.2. Cap on Liability

In no event shall the aggregate, cumulative, and total liability of TrekGuider inc., its affiliates, officers, directors, employees, agents, and representatives to you for all claims, demands, actions, causes of action, losses, damages, and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, arising out of or relating to the use of or inability to use the marketplace, or arising under or in connection with these terms and conditions, exceed the direct amounts actually paid by you to TrekGuider inc. for the specific services or products giving rise to the claim in the twelve (12) months immediately preceding the date on which the cause of action accrues, or one hundred united states dollars (100.00), whichever is lower.  If you have not had any payment obligations to TrekGuider inc., then the aggregate liability of TrekGuider inc. shall not exceed one hundred united states dollars (100.00). These limitations of liability shall apply to the fullest extent permitted by applicable mandatory law, regardless of the form of action, basis of liability, or alleged remedy, and shall remain in effect even if any limited remedies specified herein are deemed to fail of their essential purpose under applicable law. The limitations of liability set forth above are fundamental and essential elements of the basis of the bargain and agreement between TrekGuider inc. and you, and reflect a deliberate and informed allocation of risks.

4.3. Indemnification

You agree to fully, unconditionally, and irrevocably indemnify, defend, and hold harmless TrekGuider inc., its affiliates, subsidiaries, parent companies, successors, assigns, officers, directors, employees, consultants, agents, and representatives, from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, liabilities, damages, losses, costs, penalties, fines, forfeitures, expenses, and harms of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees, expert witness fees, and court costs) arising from, relating to, or resulting from: (a) your access to or use of the marketplace, including, but not limited to, any and all transactions, activities, or interactions conducted by you through the marketplace platform; (b) your user content, including, but not limited to, any content uploaded, posted, transmitted, or otherwise made available by you on or through the marketplace; (c) your violation, breach, or non-compliance with these terms and conditions, any applicable marketplace policies, or any applicable law, statute, ordinance, regulation, or administrative rule; (d) your violation, infringement, or misappropriation of any rights of another party, including, but not limited to, intellectual property rights, proprietary rights, contractual rights, or privacy rights; or (e) any and all disputes, controversies, or claims of any nature whatsoever between you and another user of the marketplace, or between you and any third party, arising from, relating to, or connected with the marketplace or your use thereof. This indemnification obligation shall survive any termination or expiration of these terms and conditions and your use of the marketplace.

5. Digital Delivery Policy

5.1. Delivery of Digital Products

Digital products available for purchase through the Marketplace are delivered exclusively via electronic means. Upon completion of your purchase and successful payment processing, you will typically receive access to the digital product instantaneously or shortly thereafter, via methods such as direct download links conspicuously displayed on the Marketplace platform, secure links transmitted to your designated email address, or other electronic delivery modalities as determined by the Seller and facilitated by the Marketplace. Delivery of the digital product is conclusively deemed complete, fulfilled, and properly effectuated at the moment that access to the digital product is successfully provided to you through any of the aforementioned electronic delivery methods, irrespective of whether you actually download, access, or utilize the digital product subsequent to such provision of access.

5.2. Risk and Remedies

While the Marketplace endeavors to facilitate timely and accurate digital delivery, you expressly acknowledge, understand, and agree that the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives, shall not, under any circumstances, be held liable or responsible for any delays, failures, errors, omissions, or technical malfunctions, of any kind or nature whatsoever, affecting or relating to the digital delivery process, irrespective of the cause or origin of such delivery issues. In the event that you encounter any technical failures, errors, or impediments that directly and demonstrably prevent you from accessing the digital product you have duly purchased, your sole and exclusive remedy, and the Marketplace's sole and exclusive obligation and liability, shall be strictly limited to the remedies expressly and unambiguously delineated within the Refund Policy, as set forth in Section 6 of this Terms and Conditions and elsewhere in these Terms and Conditions. For absolute clarity, and without limiting the generality of the foregoing, you explicitly acknowledge and agree that in no event shall you be entitled to any remedies, recourse, or compensation beyond the express refund remedies set forth in the Refund Policy, and that TrekGuider Inc. shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of profits, revenues, data, or use, arising from or related to any digital delivery issues, technical failures, or delays.

5.3. User Responsibility for Download and Access

Upon your valid and authorized purchase of digital products through the Marketplace, the Seller bears the sole and exclusive responsibility for diligently and effectively making the purchased digital product available for download or access by you, the Buyer, through the designated electronic delivery mechanisms facilitated by the Marketplace platform. Correspondingly, you, as the Buyer, bear the sole, exclusive, and non-delegable responsibility for proactively ensuring that you possess and maintain at all times the requisite compatible software, adequate hardware, stable internet connectivity, sufficient technical proficiency, and any and all other technical prerequisites that may be reasonably necessary or advisable to successfully download, access, utilize, and enjoy the purchased digital products. For absolute clarity, and without limiting the generality of the foregoing, you explicitly acknowledge, understand, and agree that the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives, shall bear no responsibility or liability whatsoever for any failure, inability, or impediment on your part to successfully access, download, utilize, or enjoy purchased digital products that arises, directly or indirectly, from or in connection with any limitations, deficiencies, or inadequacies in your own software, hardware, internet access, technical infrastructure, or technical skills.

6. Content Policy

6.1. User-Generated Content

Users, particularly sellers in the context of product listings, are exclusively and entirely responsible and liable for any and all content they affirmatively and voluntarily upload, post, transmit, distribute, or otherwise make available on or through the Marketplace platform, including, but not limited to, product descriptions, product images, promotional materials, reviews, comments, forum posts, articles, and any other forms of textual, visual, audio, or multimedia content (collectively, "User Content"). You, as a user, explicitly warrant, represent, and covenant that all User Content submitted, uploaded, published, or disseminated by you on the Marketplace will, at all times, fully comply with all applicable international, federal, state, and local laws, statutes, ordinances, regulations, and administrative rules, and will not infringe, misappropriate, or otherwise violate the intellectual property rights, proprietary rights, privacy rights, publicity rights, contractual rights, or any other rights of any third party, individual, or entity. It is your sole and non-delegable responsibility to ensure that you possess and maintain all necessary licenses, permissions, consents, and authorizations to lawfully utilize, reproduce, adapt, modify, display, distribute, and sublicense all elements of your User Content on the Marketplace platform.

6.2. Moderation and Enforcement

The Marketplace explicitly reserves, and shall at all times retain, the absolute, unfettered, discretionary, and non-reviewable right, but not the obligation, to actively monitor, screen, review, moderate, edit, modify, refuse to publish, remove, delete, disable access to, or relocate any and all User Content that, in the Marketplace's sole and exclusive judgment, is determined to be in violation of these Terms and Conditions, any applicable Marketplace policies, or any applicable law or regulation, or is otherwise deemed by the Marketplace, in its sole and unappealable discretion, to be inappropriate, unwelcome, objectionable, detrimental to the Marketplace, its users, or its community, or to pose an unacceptable risk of legal, regulatory, financial, reputational, or operational harm to the Marketplace. The Marketplace unequivocally reserves the right to exercise such moderation and enforcement rights and remedies at any time, without any prior notice, explanation, or opportunity for appeal to the affected user or seller. Content deemed inappropriate or violative may include, but is not limited to, content that is misleading, deceptive, inaccurate, outdated, of low quality, or that negatively impacts, or has the potential to negatively impact, the user experience on the Marketplace, even if such content does not explicitly or demonstrably violate any specific laws or regulations. The Marketplace shall possess sole, exclusive, and unreviewable discretion to determine, in any given instance, what User Content is deemed to be in violation of these Terms and Conditions or is otherwise deemed to be inappropriate, unwelcome, or objectionable, and any such determination shall be final, binding, and non-appealable. The Marketplace's discretionary moderation and enforcement actions may be undertaken through automated systems, manual review processes, or a combination thereof, at the Marketplace's sole option and discretion.

7. Policy on Counterfeit or Infringing Products

·        Absolute, Unequivocal, and Zero-Tolerance Prohibition of Counterfeit and Intellectual Property Infringement: The TrekGuider Marketplace unequivocally maintains, rigorously enforces, and publicly affirms a strict, absolute, and zero-tolerance policy regarding the listing, offer for sale, sale, distribution, promotion, advertising, marketing, or other commercial exploitation of counterfeit products and any and all products that infringe, misappropriate, or otherwise violate the intellectual property rights, proprietary rights, or any other legal rights of others. This comprehensive, unwavering, and non-negotiable prohibition explicitly encompasses all forms of intellectual property, including, but not limited to, copyrights, trademarks, patents, trade secrets, design rights, rights of publicity, moral rights, and any and all other analogous proprietary rights recognized in any jurisdiction worldwide. The Marketplace is resolutely, proactively, and demonstrably committed to vigorously protecting intellectual property rights, fostering a marketplace environment characterized by authenticity, originality, and integrity, and aggressively deterring, detecting, preventing, and eradicating all forms of intellectual property infringement, counterfeiting, piracy, and related illicit activities.
·        Strict, Sole, and Non-Delegable User Responsibility and Liability for Product Authenticity, Legality, and Non-Infringement: Users, and particularly sellers offering products for sale on the Marketplace, bear sole, exclusive, absolute, unwavering, and non-delegable responsibility and liability for proactively, diligently, and continuously ensuring, verifying, and unequivocally demonstrating that any and all products they offer, sell, promote, distribute, or otherwise make available through the Marketplace are, and will at all times remain, unequivocally, demonstrably, and verifiably authentic, original, bona fide, and legally compliant works, and are wholly and demonstrably authorized for sale, distribution, and commercial exploitation in all relevant jurisdictions. Users are strictly, absolutely, and unconditionally prohibited from utilizing the Marketplace, directly or indirectly, overtly or covertly, to offer, sell, promote, distribute, or otherwise make available any products that are counterfeit, fraudulent, deceptive, knock-offs, imitations, replicas, unauthorized copies, or infringing goods, or any products that otherwise infringe, misappropriate, or violate, in any manner whatsoever, the intellectual property rights, proprietary rights, or other legal rights of any third parties, individuals, entities, or rights holders. This comprehensive, universal, and unqualified prohibition applies rigorously, uniformly, and without limitation to all categories of digital products listed, offered, or sold on the Marketplace, including, but not limited to, guides, maps, itineraries, travel guides, software, e-books, templates, multimedia content, and any other forms of digital content, services, or technologies.
·        Proactive, Discretionary, and Non-Exhaustive Marketplace Verification, Monitoring, and Enforcement Efforts: While the TrekGuider Marketplace is demonstrably dedicated to implementing robust, proactive, and continuously evolving measures to diligently detect, rigorously prevent, and swiftly remove the listing and sale of counterfeit and infringing products, users explicitly acknowledge, understand, and agree that these efforts are discretionary, non-exhaustive, and do not guarantee the complete and infallible identification and removal of all counterfeit or infringing products. Accordingly, users explicitly acknowledge, understand, and agree that the Marketplace may, at its sole, exclusive, unfettered, discretionary, and non-reviewable option, implement various verification, monitoring, and enforcement procedures, which may or may not be consistently or uniformly applied across all product listings or seller accounts, and which may include, but are not limited to, the illustrative, non-binding, and non-comprehensive examples enumerated below:
o   Automated and Algorithmic Screening of Product Listings: Employing sophisticated, continuously enhanced, and dynamically adaptive automated screening systems, intelligent algorithms, machine learning tools, artificial intelligence-driven analytics, and proprietary detection methodologies to continuously scan, analyze, and flag product listings, descriptions, titles, images, metadata, and related content for keywords, textual patterns, visual indicators, branding elements, pricing anomalies, and other indicia, characteristics, or anomalies that may, in the Marketplace's sole and exclusive judgment, suggest, indicate, or raise a reasonable suspicion of potential counterfeit or infringing products, or listings that otherwise violate this Policy.
o   Risk-Based Manual Quality Reviews and Audits by Marketplace Personnel: Conducting targeted, risk-based, and non-systematic manual quality reviews and audits of a non-representative sample of selected seller accounts, product listings, and transaction histories, prioritizing reviews based on a variety of factors, including, but not limited to, seller history, account tenure, sales volume, product category, user reports, rights holder complaints, algorithmic risk scoring, geographic risk indicators, and other criteria deemed relevant by the Marketplace in its sole and exclusive judgment, to proactively assess, evaluate, and subjectively opine upon, in a purely discretionary and non-binding manner, the perceived quality, authenticity, legality, and overall compliance of selected listings with this Policy and other applicable Marketplace policies and guidelines.
o   Proactive Cooperation, Information Sharing, and Intelligence Gathering Initiatives with Rights Holders and Intellectual Property Enforcement Agencies: Engaging in proactive cooperation, intelligence sharing, and information exchange initiatives with rights holders, brand owners, intellectual property enforcement organizations, industry associations, governmental agencies, regulatory authorities, and law enforcement bodies to facilitate, enhance, and optimize the verification of the authenticity, legality, and authorized distribution status of products offered on the Marketplace, to proactively identify and preemptively prevent listings of counterfeit or infringing products, and to promptly, effectively, and decisively address, remediate, and eradicate any and all identified or suspected instances of infringement, counterfeiting, or other violations of this Policy.
o   User Reporting Mechanisms and Community-Based Enforcement Initiatives: Providing readily accessible, user-friendly, and conspicuously located mechanisms, channels, and functionalities for users, buyers, sellers, rights holders, intellectual property owners, and other stakeholders to easily and efficiently report suspected listings of counterfeit or infringing products, or any other potential violations of this Policy, and implementing efficient, streamlined, and demonstrably responsive internal procedures, protocols, and workflows for promptly investigating, thoroughly assessing, and decisively acting upon such user-submitted reports, leveraging community-based vigilance, crowdsourced intelligence, and user feedback to continuously enhance overall marketplace integrity, authenticity, and trustworthiness.
·        Clear, Accessible, and User-Friendly Procedures for Reporting Counterfeit or Infringing Products: If any user, buyer, seller, rights holder, intellectual property owner, or other concerned party reasonably believes, or possesses credible evidence to suggest, that a product listed, offered for sale, or sold on the TrekGuider Marketplace is, or may be, counterfeit, constitutes intellectual property infringement, or otherwise violates this Policy, such party is strongly encouraged, affirmatively requested, and ethically obligated to immediately notify the Marketplace through the readily accessible and conspicuously published reporting procedures meticulously outlined and comprehensively detailed in the Copyright Policy, which is hereby fully incorporated by reference into these Terms and Conditions and this Policy. The Marketplace unequivocally assures all reporting parties that all credible, substantiated, and good-faith reports of infringement, counterfeiting, or other violations of this Policy will be treated with the utmost seriousness, accorded the highest priority, and subjected to prompt, thorough, impartial, and demonstrably good-faith review, investigation, and responsive action by designated compliance personnel and/or automated enforcement systems.
·        Decisive, Unilateral, and Non-Reviewable Marketplace Actions and Enforcement Remedies for Violations of Counterfeit and Infringement Policy: The TrekGuider Marketplace explicitly reserves, and shall at all times retain, the unfettered, discretionary, non-reviewable, and unilaterally exercisable right to undertake any and all actions, enforcement remedies, punitive measures, and legal recourse options against any user, seller, account holder, or other party who is determined, in the Marketplace’s sole, exclusive, and unappealable judgment, to be engaged in, facilitating, enabling, or materially contributing to the listing, offer for sale, sale, distribution, promotion, advertising, marketing, or other commercial exploitation of counterfeit or infringing products, or who is otherwise found to be in violation of this Policy. Such decisive, unilateral, and non-reviewable actions and enforcement remedies may include, without limitation, any one or more of the following:
o   Immediate and Unilateral Listing Removal, Content Takedown, and Service Disruption: Summary, immediate, and unilateral removal, deletion, disabling of access to, permanent takedown, or comprehensive suppression of any and all product listings, offers for sale, promotional materials, advertising content, or other associated content that are reasonably suspected of being counterfeit, infringing, or otherwise in violation of this Policy, without any prior notice, explanation, or opportunity for appeal or remediation afforded to the affected user or seller. The Marketplace further reserves the right to temporarily or permanently disrupt, suspend, limit, or terminate any or all services, functionalities, or platform access available to sellers or users found to be in violation of this Policy.
o   Issuance of Formal Warnings, Censure Notices, and Mandatory Corrective Action Demands: Issuing formal written warnings, official notices of policy violation, and mandatory demands for immediate corrective action, remediation, and verifiable cessation of infringing conduct to sellers or users who are determined to be in violation of this Policy, requiring prompt, complete, and demonstrably effective remediation of all identified deficiencies, violations, and non-compliant practices, and implementation of robust, verifiable, and demonstrably effective preventative measures to avoid, deter, and preemptively mitigate future violations of this Policy.
o   Temporary or Permanent Account Suspension, Indefinite Account Termination, and Platform-Wide Ban: Imposing temporary suspension of account privileges, selling capabilities, transaction functionalities, or access to the Marketplace platform, or permanent and irrevocable termination of user accounts, seller accounts, and all associated privileges, access rights, benefits, and platform functionalities, coupled with a permanent, platform-wide, and universally applicable ban on any and all future access to or use of the TrekGuider Marketplace platform, for repeat, egregious, willful, malicious, or persistently repeated violations of this Policy, or for any single violation or series of related violations that are determined by the Marketplace, in its sole and exclusive judgment, to cause significant, irreparable, or systemic harm to the Marketplace, its users, rights holders, or the broader Marketplace community.
o   Permanent Withholding, Freezing, Impoundment, and Irrevocable Forfeiture of Seller Funds, Account Balances, and Pending Payouts: Temporarily or permanently withholding, freezing, impounding, or irrevocably forfeiting seller funds, account balances, pending payouts, accrued earnings, and any other monetary consideration otherwise due or owing to Seller, in whole or in part, pending thorough investigation, definitive resolution of all infringement claims, and to offset, recoup, and fully compensate the Marketplace, rights holders, buyers, and other injured parties for any and all damages, losses, costs, expenses, and harms, of any kind or nature whatsoever, incurred or continue demonstrably resulting from, or proximately caused by, Seller’s violations, or alleged violations, of this Policy on Counterfeit or Infringing Products, or any related Marketplace policies, terms, or guidelines.
o   Mandatory Chargebacks, Full Refunds, and Comprehensive Financial Recourse Obligations Imposed Upon Seller: Mandatory and non-negotiable imposition of chargebacks, full refunds, and comprehensive financial recourse obligations upon Seller for any and all purchases of counterfeit or infringing products by buyers through the Marketplace platform, with Seller bearing sole, exclusive, and absolute responsibility for fully, promptly, and unconditionally reimbursing, indemnifying, and holding harmless the Marketplace for the full and complete amount of all such chargebacks, refunds, transaction fees, penalties, fines, assessments, and associated administrative, operational, and legal costs, expenses, and harms, without any limitation whatsoever.
o   Proactive and Unrestricted Cooperation with Law Enforcement, Regulatory Authorities, and Rights Holders, Including Mandatory Disclosure of User Data and Transaction Records: Engaging in proactive, comprehensive, and unrestricted cooperation with law enforcement agencies, regulatory authorities, governmental bodies, intellectual property enforcement organizations, customs authorities, border protection agencies, and rights holders in connection with any and all investigations, enforcement actions, civil litigation, criminal prosecution, regulatory proceedings, and administrative actions pertaining to, arising from, or relating to the trafficking, distribution, offer for sale, or sale of counterfeit goods or intellectual property infringement through the Marketplace platform, including, without limitation, voluntary and mandatory disclosure, release, and provision of user data, account information, transaction records, communications logs, product listings, sales data, and any and all other relevant information, documentation, and evidence to facilitate law enforcement efforts, regulatory compliance initiatives, and rights holders’ enforcement actions, without any prior notice to or consent from Seller or any other user.
·        Comprehensive, Unequivocal, and Irrevocable Disclaimer of Liability and Mandatory User Acknowledgment of Risk, Due Diligence, and Indemnification Obligations: The TrekGuider Marketplace functions exclusively and solely as an online technology platform and intermediary venue to facilitate transactions and interactions between independent, unaffiliated, and autonomous buyers and sellers of digital products and services. The Marketplace does not, and under no circumstances shall be construed to, guarantee, warrant, represent, or covenant, either expressly or impliedly, directly or indirectly, the absolute authenticity, legality, originality, non-infringement, merchantability, fitness for a particular purpose, safety, quality, or suitability of any products offered for sale, sold, purchased, or distributed by sellers or other users on the platform. To the maximum extent permitted by applicable mandatory law, and without limiting the generality of any other disclaimers, limitations of liability, or indemnification obligations set forth in these Terms and Conditions or elsewhere in any Marketplace policies:
o   Comprehensive and Unqualified Disclaimer of Liability for Counterfeit or Infringing Products and Related Harms: TrekGuider Inc., its affiliates, subsidiaries, parent companies, successors, assigns, officers, directors, employees, agents, and representatives explicitly, unequivocally, and irrevocably disclaim any and all liability, responsibility, legal culpability, or financial exposure for any claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, expenses, or harms of any kind or nature whatsoever, whether foreseeable or unforeseeable, direct or indirect, actual or contingent, present or future, incurred by buyers, sellers, rights holders, intellectual property owners, regulatory authorities, governmental agencies, or any other third parties, individuals, or entities, arising from, relating to, or resulting from the listing, offer for sale, sale, purchase, use, distribution, promotion, advertising, marketing, or other commercial exploitation of counterfeit products or products that infringe, misappropriate, or violate intellectual property rights, proprietary rights, or other legal rights by sellers or users on the Marketplace platform. This comprehensive and unqualified disclaimer explicitly extends to, without limitation, any and all claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, expenses, or harms sounding in contract, tort, equity, statute, regulation, or otherwise, including, but not limited to, claims for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, loss of profits, loss of revenue, loss of business opportunities, business interruption, reputational harm, emotional distress, mental anguish, pain and suffering, personal injury, property damage, economic loss, and any and all other forms of economic or non-economic loss, injury, or harm.
o   Mandatory User Assumption of All Risks, Affirmative Due Diligence Obligation, and Indemnification of Marketplace: All users, and particularly buyers contemplating or engaging in purchase transactions on the Marketplace, explicitly, knowingly, voluntarily, and irrevocably acknowledge, understand, and agree that they are accessing and utilizing the TrekGuider Marketplace and purchasing digital products offered by independent, unaffiliated, and autonomous sellers entirely at their own volition, personal risk, and informed consent. Buyers are hereby strongly, affirmatively, and unequivocally advised, cautioned, and legally obligated to exercise utmost vigilance, extreme caution, reasonable skepticism, and comprehensive, rigorous, and demonstrably effective due diligence, independent verification, and proactive risk assessment when evaluating product listings, assessing seller credentials, scrutinizing product descriptions, and making any and all purchasing decisions on the Marketplace platform. Buyers are solely, exclusively, and absolutely responsible and liable for conducting their own independent investigations, verifications, and assessments of product authenticity, legality, originality, non-infringement status, quality, suitability, and fitness for purpose prior to completing any purchase transaction, and for assuming and bearing any and all risks, hazards, and potential adverse consequences associated with or arising from any such purchase transactions. Furthermore, and without limiting the generality of the foregoing, all users, and particularly buyers, explicitly agree to fully, unconditionally, and irrevocably indemnify, defend, and hold harmless the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, and expenses of any kind or nature whatsoever (including reasonable attorneys' fees, expert witness fees, and court costs) arising from, relating to, or resulting from the purchase, use, or reliance upon any products purchased or obtained through the Marketplace platform, including, but not limited to, any claims or losses arising from or relating to allegations of counterfeit products or intellectual property infringement.

8. User Conduct and Community Guidelines

·        Preamble: Fostering a Positive, Respectful, Safe, and Lawful Marketplace Community: The TrekGuider Marketplace is steadfastly dedicated to cultivating, promoting, and rigorously maintaining a consistently positive, demonstrably respectful, unequivocally safe, and strictly lawful online community environment for all users, encompassing buyers, sellers, content creators, visitors, and any and all other participants in the multifaceted Marketplace ecosystem. These comprehensive User Conduct and Community Guidelines ("Guidelines"), which are fully integrated into and constitute an inseparable, integral, and legally binding component of the overarching Terms and Conditions, meticulously delineate, comprehensively articulate, and unequivocally mandate the expected standards of conduct, ethical principles, behavioral norms, and legally enforceable obligations for all users of the Marketplace platform. By accessing, utilizing, or participating in any aspect of the TrekGuider Marketplace, each user explicitly, knowingly, voluntarily, and irrevocably acknowledges, understands, and affirmatively agrees to be perpetually bound by, and to consistently, diligently, and scrupulously adhere to, these Guidelines, in addition to all other provisions, terms, conditions, covenants, obligations, and disclaimers meticulously set forth within the complete and legally controlling Terms and Conditions agreement.
·        Mandatory and Non-Derogable Standards of Expected User Conduct, Ethical Principles, and Behavioral Norms: All users of the TrekGuider Marketplace are unconditionally, unequivocally, and non-derogably required, legally obligated, and ethically bound to conduct themselves, and to interact with one another, with Marketplace personnel, and with the platform itself, with unwavering respect, unfailing courtesy, scrupulous ethical probity, and demonstrably professional decorum, at all times, in all contexts, and throughout the entire duration of their engagement with the Marketplace. Prohibited conduct, which is strictly, absolutely, and unequivocally forbidden and will be subject to immediate, decisive, and non-reviewable enforcement action by the Marketplace, includes, but is not limited to, the following illustrative, non-exhaustive, and non-mutually exclusive categories of unacceptable, prohibited, and sanctionable behavior:
o   Imperative of Respectful, Civil, and Constructive Communication in All Interactions: Users are unconditionally, unequivocally, and non-derogably obligated to engage in consistently constructive, demonstrably civil, and unequivocally respectful communication in any and all interactions, exchanges, correspondences, and communications conducted on, through, or in connection with the Marketplace platform, irrespective of the medium, modality, or context of such interactions. The use of offensive language, personal attacks, ad hominem arguments, insults, pejorative epithets, derogatory remarks, inflammatory rhetoric, inflammatory statements, or any other forms of uncivil, discourteous, disrespectful, unprofessional, or otherwise inappropriate communication is strictly, absolutely, and unequivocally prohibited and will not be tolerated under any circumstances, and will be subject to immediate and decisive enforcement action by the Marketplace.
o   Absolute, Unequivocal, and Zero-Tolerance Prohibition of Harassment, Bullying, Discrimination, Hate Speech, and Promotion of Violence or Hatred: Users are unequivocally, absolutely, and without exception prohibited from engaging in any form of harassment, bullying, cyberstalking, intimidation, menacing behavior, or threatening conduct, whether direct or indirect, overt or covert, express or implied, directed towards other users, Marketplace personnel, rights holders, or any other individuals or entities associated with the platform or the broader Marketplace community. Discrimination, prejudice, bias, disparagement, or denigration based on race, ethnicity, national origin, religion, creed, gender, gender identity, sexual orientation, marital status, parental status, familial status, disability, medical condition, genetic information, age, socioeconomic status, veteran status, political affiliation, or any other legally protected characteristic, status, or attribute is strictly, comprehensively, and unequivocally prohibited and will be subject to immediate, decisive, and non-reviewable enforcement action by the Marketplace. The Marketplace further maintains, rigorously enforces, and publicly affirms a strict, absolute, and zero-tolerance policy regarding hate speech, incitement to violence, promotion of hatred, or any other forms of expression, communication, or conduct that denigrate, dehumanize, demonize, stereotype, marginalize, incite violence against, promote hatred towards, or otherwise foster animosity, hostility, contempt, or discriminatory animus towards individuals or groups based on their protected characteristics, statuses, or attributes, as enumerated herein or as otherwise defined and protected by applicable law.
o   Unconditional and Non-Derogable Requirement for Honesty, Transparency, Probity, and Unwavering Integrity in All Marketplace Activities: Users are affirmatively, unconditionally, and non-derogably obligated to conduct any and all interactions, transactions, activities, and communications on the Marketplace with the utmost honesty, transparency, probity, ethical rectitude, and unwavering integrity, and in full and scrupulous compliance with all applicable ethical standards, industry best practices, and principles of fair dealing. Engaging in deceptive practices, misrepresentation, fraudulent schemes, manipulative tactics, bad-faith negotiation, unfair dealing, dissemination of misinformation, propagation of disinformation, concealment of material facts, or any other forms of dishonest, unethical, misleading, or commercially unreasonable conduct is strictly, absolutely, and unequivocally prohibited and will be subject to severe sanctions, decisive enforcement remedies, and potential legal referral, without limitation.
o   Unconditional and Non-Derogable Compliance Mandate with All Applicable Laws, Regulations, and Marketplace Policies: All user conduct, activities, transactions, and content publication on the Marketplace platform must, at all times, fully, scrupulously, and unconditionally comply with all applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding directives, as well as with all Marketplace policies, guidelines, rules, and procedures, including, without limitation, these Terms and Conditions, the Content Policy, the Copyright Policy, the Privacy Policy, the Payment Policy, the Seller Agreement, the Dispute Resolution Policy, the Cookie Policy, the Data Processing Agreement, the Advertising Policy, and all other policies, guidelines, rules, and agreements incorporated by reference therein or otherwise promulgated by the Marketplace from time to time. Users bear sole, exclusive, absolute, and non-delegable responsibility for ensuring their comprehensive, perpetual, and ongoing compliance with all such legal and policy requirements, and shall be solely liable and responsible for any and all consequences arising from any actual or alleged violation or non-compliance.
·        Specific, Mandatory, and Non-Derogable Rules Governing Interactions Between Buyers and Sellers and Utilization of Marketplace Communication Features: The TrekGuider Marketplace provides designated platform features, functionalities, and communication channels to facilitate direct, transparent, and efficient interaction between buyers and sellers, primarily through publicly accessible product reviews, seller feedback mechanisms, and community comment sections. Users are unconditionally, unequivocally, and non-derogably expected and legally obligated to meticulously, scrupulously, and perpetually adhere to the following specific guidelines, mandatory rules, and legally enforceable obligations of engagement when utilizing these interactive features and communication channels:
o   Imperative of Constructive, Demonstrably Relevant, and Verifiably Experience-Based Reviews, Comments, and Feedback: Product reviews, seller feedback, and community comments posted, submitted, or otherwise disseminated by users on the Marketplace platform must be consistently constructive, demonstrably relevant to the specific digital product, service, seller, or Marketplace feature or functionality being evaluated or discussed, and genuinely, verifiably, and demonstrably based upon the user’s direct, personal, and authentic experience with the product, service, seller, or feature in question. The posting, submission, or dissemination of irrelevant, off-topic, gratuitously negative, unsubstantiated, спекулятивные, or spam-like comments, reviews, or feedback is strictly, absolutely, and unequivocally prohibited and will be subject to immediate moderation, content removal, and/or other enforcement actions by the Marketplace, in its sole and non-reviewable discretion.
o   Unconditional and Non-Derogable Imperative of Honest, Impartial, Objective, and Demonstrably Fair Feedback, Assessments, and Evaluations: Users are affirmatively, unconditionally, and non-derogably obligated to provide honest, demonstrably impartial, objectively fair, and verifiably accurate feedback, assessments, and evaluations in any and all reviews, comments, and feedback posted, submitted, or otherwise disseminated on the Marketplace platform. The posting, submission, or dissemination of fake, fraudulent, deceptive, or materially misleading reviews, comments, or feedback, or any attempts to engage in review manipulation, incentivized reviews, compensated reviews, or review extortion, are strictly, absolutely, and unequivocally prohibited and will be subject to severe enforcement action, including, without limitation, permanent account termination, forfeiture of funds, and potential legal referral for civil or criminal prosecution, as warranted.
o   Unconditional and Non-Derogable Maintenance of Professional, Courteous, Civil, and Respectful Communication Tone in All Interactions: Users are unconditionally, unequivocally, and non-derogably required to maintain a consistently professional, demonstrably courteous, unequivocally civil, and unfailingly respectful tone, demeanor, and communicative style in any and all communications, interactions, reviews, comments, and feedback posted, submitted, or otherwise disseminated on the Marketplace platform. The use of personal attacks, ad hominem arguments, unprofessional language, profanity, obscenities, vulgarities, sexually suggestive language, or any other forms of discourteous, uncivil, disrespectful, unprofessional, or otherwise inappropriate communication is strictly, absolutely, and unequivocally prohibited and will be subject to immediate moderation, content removal, account suspension, and/or other enforcement actions by the Marketplace, in its sole and non-reviewable discretion.
o   Absolute Prohibition of Private Messaging Functionality and Mandatory Utilization of Public Communication Channels for Marketplace-Related Interactions: The TrekGuider Marketplace, in its sole and exclusive operational discretion, does not currently offer, and explicitly, absolutely, and unequivocally prohibits the use of, any private messaging, direct messaging, encrypted messaging, ephemeral messaging, or non-public communication channels, features, or functionalities between users of the platform for purposes of conducting Marketplace-related communications, transactions, or interactions. All communication, correspondence, and interactions between buyers and sellers, and between users generally, that pertain to, arise from, or relate to the Marketplace platform, its services, or any transactions conducted thereon, must be exclusively, transparently, and verifiably conducted through publicly visible, readily accessible, comprehensively auditable, and permanently archived communication channels, features, and functionalities expressly and deliberately provided by the Marketplace platform for such purposes, such as, by way of example and without limitation, product reviews, seller feedback sections, community comment sections, and publicly accessible user forums, to ensure maximum transparency, accountability, community oversight, dispute traceability, and regulatory compliance. Any attempts by users to circumvent, bypass, or otherwise subvert this mandatory requirement for public communication by utilizing private messaging channels, encrypted communications, or off-platform communication methods for Marketplace-related interactions are strictly, absolutely, and unequivocally prohibited and will be subject to immediate and decisive enforcement action by the Marketplace, in its sole and non-reviewable discretion.
·        Detailed, Mandatory, and Non-Derogable Content Publication Guidelines and Elevated Quality Standards for All User-Generated and Seller-Provided Content: In addition to the comprehensive categories of prohibited content meticulously delineated and explicitly proscribed within the overarching Content Policy, users are further expected, unconditionally required, and legally obligated to rigorously, scrupulously, and perpetually adhere to the following detailed guidelines, elevated quality standards, and legally enforceable mandates when publishing, uploading, transmitting, or otherwise making available any and all forms of content on the TrekGuider Marketplace platform, including, without limitation, product listings, product descriptions, seller profiles, user profiles, comments, reviews, forum posts, articles, blog entries, and any other user-generated or seller-provided content, irrespective of its format, medium, or intended audience:
o   Unconditional Imperative of High Content Quality, Demonstrable Factual Accuracy, Contextual Relevance, Substantive Value, and Tangible User Benefit: Users are affirmatively, unconditionally, and non-derogably required to consistently, diligently, and perpetually strive to publish, upload, transmit, and otherwise make available only demonstrably high-quality, verifiably factually accurate, contextually relevant, substantively valuable, demonstrably beneficial, and unequivocally lawful content that enriches the Marketplace community, enhances user experience, fosters informed decision-making, and contributes positively and constructively to the overall quality, utility, trustworthiness, and legal integrity of the platform. All published content must be meticulously well-written, grammatically correct, stylistically coherent, logically organized, comprehensively informative, demonstrably free of material errors, significant omissions, factual inaccuracies, or misleading statements, and presented in a clear, concise, and readily comprehensible manner that is optimally accessible and beneficial to the intended audience of users.
o   Strict and Non-Derogable Requirement for Content Relevance and Appropriateness to Explicitly Defined Marketplace Focus and Thematic Scope: Users are unconditionally, unequivocally, and non-derogably obligated to ensure that any and all content published, uploaded, transmitted, or otherwise made available on the Marketplace platform is demonstrably, directly, and unambiguously relevant to the Marketplace’s explicitly defined and narrowly circumscribed focus on digital tourist products, travel-related content, and the specific needs, interests, and informational requirements of the platform’s user base, which is primarily, predominantly, and intentionally comprised of individual travelers, tourists, travel enthusiasts, and individuals and entities seeking digital resources, tools, and information to facilitate travel planning, navigation, experiential enhancement, and tourism-related commercial activities. The posting, publication, uploading, transmission, or dissemination of content that is patently off-topic, demonstrably irrelevant to the Marketplace’s core subject matter, or otherwise inappropriate, unsuitable, incongruous, or demonstrably inconsistent with or tangential to the Marketplace’s explicitly defined intended audience, core purpose, or narrowly circumscribed thematic focus is strictly, absolutely, and unequivocally prohibited and will be subject to immediate moderation, content removal, account suspension, and/or other enforcement actions by the Marketplace, in its sole and non-reviewable discretion.
o   Mandatory and Non-Derogable Requirements for Content Originality, Proper Attribution, and Comprehensive Copyright Compliance: Users are unequivocally, unconditionally, and non-derogably required to ensure that any and all content they publish, upload, transmit, or otherwise make available on the Marketplace platform is demonstrably original to the publishing user, or, in instances where third-party content, copyrighted materials, or proprietary intellectual property are incorporated, integrated, or utilized, that the publishing user has diligently, proactively, and verifiably obtained, and can readily demonstrate, upon first demand by the Marketplace or any rights holder, all necessary, valid, and legally enforceable rights, licenses, permissions, consents, waivers, and authorizations to lawfully and legitimately utilize, reproduce, adapt, modify, translate, create derivative works of, distribute, publicly display, publicly perform, digitally transmit, and sublicense such third-party content, copyrighted materials, or proprietary intellectual property on the Marketplace platform, in all relevant media, formats, and jurisdictions, for the full intended duration of such utilization. Users are further unconditionally, unequivocally, and non-derogably obligated to meticulously, conspicuously, and comprehensively provide proper attribution, credit, and acknowledgment to all original rights holders, authors, creators, and sources of any and all third-party content, copyrighted materials, or proprietary intellectual property utilized in their publications, strictly adhering to all applicable copyright laws, intellectual property regulations, licensing terms, attribution conventions, and industry best practices for proper citation and scholarly attribution.
o   Comprehensive, Absolute, and Zero-Tolerance Prohibition of Spam, Unsolicited Advertising, and Excessive or Egregious Self-Promotion: Users are strictly, absolutely, and unequivocally prohibited from utilizing the TrekGuider Marketplace platform, or any of its features, functionalities, or communication channels, for the posting, transmission, dissemination, propagation, or other making available of spam, unsolicited commercial advertising, unauthorized marketing solicitations, deceptive promotional materials, or any other forms of unsolicited, unwelcome, intrusive, irrelevant, or commercially inappropriate communications, solicitations, or content that detract from the user experience, disrupt the platform’s intended functionality, undermine the integrity of the Marketplace community, or otherwise violate the explicitly stated spirit, manifest intent, and express provisions of these Community Guidelines and the overarching Terms and Conditions. While limited, contextually relevant, demonstrably value-added, and non-intrusive self-promotional content may be conditionally permissible in certain specifically designated areas of the Marketplace platform, and solely to the limited extent explicitly, affirmatively, and unambiguously authorized by the Marketplace in its sole and exclusive discretion on a case-by-case basis, the posting, uploading, transmission, or other dissemination of excessive, repetitive, indiscriminate, or overtly promotional self-promotional content, or any self-promotional content that is reasonably deemed by the Marketplace, in its sole and unreviewable judgment, to be disruptive, unwelcome, inappropriate, commercially intrusive, or detrimental to the user experience, the Marketplace community, or the platform’s overall integrity, is strictly, absolutely, and unequivocally prohibited and will be subject to immediate moderation, content removal, account suspension, and/or other enforcement actions by the Marketplace, in its sole and non-reviewable discretion.
·        Decisive, Unilateral, and Non-Reviewable Enforcement Actions and Consequential Remedies for Any and All Violations of Community Guidelines: Any and all violations of these User Conduct and Community Guidelines, as definitively determined by the TrekGuider Marketplace in its sole and exclusive judgment and non-reviewable discretion, may, and shall, without limitation, result in the immediate, automatic, and non-appealable imposition, implementation, and rigorous enforcement of any one or more of the following enforcement actions, punitive sanctions, and remedial measures, without any prior notice, explanation, opportunity for remediation, or right of appeal whatsoever afforded to the violating user, seller, or account holder. This list of enforcement actions is illustrative and non-exhaustive, and the Marketplace reserves the right to implement any other enforcement actions, punitive sanctions, and remedial measures deemed necessary or advisable in its sole and exclusive discretion:
o   Issuance of Formal Warnings, Official Censure Notices, and Mandatory Demands for Immediate Rectification: Issuance of formal written warnings, official notices of policy violation, and public or private censures to users definitively determined to be in violation of these Guidelines, meticulously documenting the specific nature, scope, and severity of the violation, demanding immediate, verifiable, and permanent cessation of the prohibited conduct, and explicitly threatening further, more severe, and potentially irreversible enforcement action for any and all continued or repeated non-compliance.
o   Summary, Unilateral, and Non-Reviewable Content Moderation, Editing, and Removal Actions: Immediate, unilateral, and non-reviewable moderation, editing, modification, or complete and permanent removal, deletion, disabling of access to, and irreversible takedown of any and all content, communications, reviews, comments, forum posts, or other user-generated materials, irrespective of format or medium, that are definitively determined by the Marketplace, in its sole and exclusive judgment, to be in violation of these Guidelines, or otherwise deemed by the Marketplace, in its sole and unreviewable discretion, to be inappropriate, unwelcome, disruptive, offensive, harmful, or detrimental to the Marketplace community, the user experience, or the platform’s overall integrity, without any prior notice, explanation, or opportunity for appeal or remediation afforded to the affected user.
o   Temporary Suspension of Account Privileges, Functional Access, and Marketplace Features: Temporary suspension, limitation, restriction, or revocation of user account access, selling privileges, transaction functionalities, posting capabilities, communication functionalities, or any other features, functionalities, services, or privileges of the Marketplace platform, for a duration, scope, and severity determined by the Marketplace in its sole and exclusive discretion, for any and all repeated, persistent, egregious, willful, or demonstrably harmful violations of these Guidelines, or for any failure, refusal, or demonstrable unwillingness to promptly, completely, and verifiably remediate identified violations upon formal notification and mandatory demand for corrective action.
o   Permanent Account Termination, Irrevocable Platform Ban, and Forfeiture of Account Balances: Permanent and irrevocable termination of user accounts, seller accounts, and all associated privileges, access rights, benefits, and platform functionalities, coupled with a permanent, platform-wide, and universally applicable ban on any and all future access to or use of the TrekGuider Marketplace platform, for egregious, willful, malicious, intentional, or persistently repeated violations of these Guidelines, or for any violations that are definitively determined by the Marketplace, in its sole and exclusive judgment, to cause significant, irreparable, or systemic harm to the Marketplace, its users, its community, rights holders, or any other stakeholder in the Marketplace ecosystem. In conjunction with permanent account termination and platform ban, the Marketplace further reserves the absolute, non-reviewable, and unilaterally exercisable right to permanently withhold, freeze, impound, and irrevocably forfeit any and all seller funds, account balances, pending payouts, accrued earnings, and any other monetary consideration otherwise due or owing to the violating user or seller, in whole or in part, pending comprehensive investigation, definitive resolution of all outstanding issues, and to offset, recoup, and fully compensate the Marketplace, rights holders, buyers, and other injured parties for any and all damages, losses, costs, expenses, and harms incurred as a direct or indirect result of the user’s violations of these Community Guidelines.
o   Discretionary Implementation of Any and All Other Enforcement Actions, Punitive Sanctions, and Remedial Measures Deemed Necessary or Advisable: The TrekGuider Marketplace explicitly reserves, and shall at all times retain, the unfettered, discretionary, non-reviewable, and unilaterally exercisable right to implement any and all other enforcement actions, punitive sanctions, remedial measures, disciplinary actions, legal recourse options, or equitable remedies deemed necessary, appropriate, or advisable, in its sole and exclusive judgment, to comprehensively, effectively, and decisively address any and all actual or suspected violations of these Guidelines, to proactively deter future misconduct, to rigorously maintain the integrity, safety, civility, and ethical probity of the Marketplace community, and to comprehensively protect the rights, interests, and overall well-being of the Marketplace, its users, rights holders, and all other stakeholders in the broader Marketplace ecosystem.
·        Mandatory User Encouragement and Affirmative Ethical and Legal Obligation to Proactively Report Suspected Violations of Community Guidelines: To foster a robust, self-regulating, and community-driven environment of ethical conduct, mutual respect, and unwavering adherence to these Community Guidelines, all users of the TrekGuider Marketplace are strongly encouraged, affirmatively requested, ethically obligated, and legally bound to proactively, diligently, and continuously monitor the platform for any and all potential or suspected violations of these Community Guidelines and to promptly, effectively, and responsibly report any and all suspected violations, instances of misconduct, or inappropriate user behavior that they may encounter, witness, or become aware of on the Marketplace platform. Reports of violations should be submitted expeditiously through the designated contact channels outlined in Section 19 (Contact Information) of these Terms and Conditions, ensuring efficient, confidential, and demonstrably effective communication of user concerns, reports, and evidentiary submissions to designated Marketplace personnel and/or automated enforcement systems. The Marketplace unequivocally assures all reporting users that all credible, substantiated, and good-faith reports of violations will be treated with the utmost seriousness, accorded the highest priority, and subjected to prompt, thorough, and impartial review, investigation, and responsive action by designated compliance personnel and/or automated enforcement systems, with due consideration for user privacy, confidentiality, and protection against retaliatory actions.
·        Comprehensive and Unequivocal Disclaimer of Liability for User Conduct and Content and Reservation of Unfettered Marketplace Discretion: The TrekGuider Marketplace explicitly reserves, and shall at all times retain, the sole, exclusive, unfettered, discretionary, and non-reviewable right to interpret, construe, apply, enforce, and comprehensively modify these Community Guidelines, in their entirety or in any particular provision, at its sole, absolute, and unappealable discretion, without any prior notice, explanation, or opportunity for user input, comment, or objection. While these Guidelines are meticulously crafted and earnestly intended to proactively promote a demonstrably positive, consistently respectful, unequivocally safe, and strictly lawful community environment for all users of the TrekGuider Marketplace, the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives provide no representations, warranties, guarantees, or covenants, either express or implied, statutory, contractual, or otherwise, that all users will, at all times, uniformly, consistently, and infallibly adhere to each and every provision, principle, and expectation articulated within these Guidelines, or that the Marketplace will be capable of preventing, detecting, or effectively remediating all potential or actual violations of these Guidelines in every instance. To the maximum extent permitted by applicable mandatory law, and without limiting the generality of any other disclaimers, limitations of liability, or indemnification obligations set forth in these Terms and Conditions or elsewhere in any Marketplace policies:
o   Comprehensive and Unqualified Disclaimer of Liability for User Conduct, User-Generated Content, and Inter-User Interactions: TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives explicitly, unequivocally, and irrevocably disclaim any and all liability, responsibility, legal culpability, or financial exposure for any claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, expenses, or harms of any kind or nature whatsoever, whether foreseeable or unforeseeable, direct or indirect, actual or contingent, present or future, incurred by users, third parties, rights holders, or any other individuals or entities, arising from, relating to, or resulting from the conduct, behavior, communications, interactions, or user-generated content of any user of the TrekGuider Marketplace platform, including, without limitation, any conduct, behavior, communications, or content that may be reasonably or demonstrably deemed to be violative of these Community Guidelines, offensive, unwelcome, inappropriate, harmful, unethical, unlawful, or otherwise objectionable. This comprehensive and unqualified disclaimer explicitly extends to, without limitation, any and all claims, demands, actions, causes of action, lawsuits, judgments, damages, losses, costs, expenses, or harms sounding in contract, tort, equity, statute, regulation, or otherwise, including, but not limited to, claims for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, emotional distress, reputational harm, economic loss, and any other form of harm or injury, whether foreseeable or unforeseeable, arising from user conduct or content on the Marketplace platform.
o   Unequivocal No Guarantee of Perfect Community Adherence to Guidelines and User Assumption of All Inherent Platform Risks: The TrekGuider Marketplace explicitly does not, and under no circumstances shall be construed to, guarantee, warrant, represent, or covenant, either expressly or impliedly, directly or indirectly, that all users of the Marketplace platform will, at all times, perfectly, uniformly, consistently, and without exception, fully and completely adhere to each and every provision, principle, and expectation articulated within these Community Guidelines. The Marketplace acknowledges, and users explicitly understand, knowingly agree, and irrevocably accept, that, despite the Marketplace’s best faith efforts, diligent endeavors, and proactive measures to foster a positive, respectful, safe, and lawful community environment, the inherent nature of online platforms, user-generated content ecosystems, and interconnected digital environments inevitably entails a residual, non-negligible, and unavoidable risk of potential exposure to unwelcome, inappropriate, offensive, harmful, unethical, unlawful, or otherwise objectionable conduct or content, and that users are solely, exclusively, and absolutely responsible for exercising their own informed judgment, prudent discretion, reasonable vigilance, and comprehensive personal risk assessment when interacting with other users, consuming content, and engaging in any and all activities on the Marketplace platform.

9. Advertising Policy

9.1. Advertising on the Marketplace

The Marketplace explicitly reserves the right, exercisable in its sole and absolute discretion, to display advertisements, promotional content, sponsored listings, and other forms of commercial solicitations throughout various sections, pages, and functionalities of the platform, including, but not limited to, prominent placement within news and articles sections, blog entries, community forums, product listings, seller profiles, and user dashboards. Such advertisements may include, but are not limited to, contextual advertisements served through third-party advertising networks and programmatic advertising platforms, such as Google AdSense, as well as direct advertising placements, sponsored content integrations, affiliate marketing links, and promotional partnerships arranged and managed directly by the Marketplace. The types, formats, placement, frequency, and overall presentation of advertisements on the Marketplace are subject to change, modification, or removal at any time, without prior notice or explanation, in the Marketplace's sole and exclusive discretion. Advertisers, content creators participating in revenue-sharing programs, and all other parties providing advertising content for display on the Marketplace must, at all times, fully and scrupulously adhere to all applicable advertising guidelines, content policies, community standards, legal requirements, and ethical principles, as promulgated and enforced by the Marketplace from time to time.

9.2. Revenue Sharing with Content Authors (Advertising Revenue)

 The Marketplace, at its sole discretion and as a purely voluntary and gratuitous incentive program, may offer a revenue-sharing program to selectively compensate content authors who contribute original, high-quality, and demonstrably valuable news articles, blog posts, editorial content, and other forms of informational or educational materials to the platform, as determined by the Marketplace in its sole and exclusive editorial judgment. This discretionary program, if and when offered, may allow eligible authors, as determined by the Marketplace, to potentially earn a purely discretionary and non-guaranteed portion of the net advertising revenue, if any, actually and demonstrably generated by the Marketplace directly and exclusively from advertisements specifically and directly displayed within, directly alongside, or immediately adjacent to their original articles, blog posts, or other qualifying content contributions, specifically limited to advertisements served through Google AdSense or similar third-party advertising networks programmatically integrated into the Marketplace platform.
 The percentage of advertising revenue, if any, shared with eligible content authors, if and when such revenue sharing is offered by the Marketplace, is determined arbitrarily and unilaterally by the Marketplace, in its sole and exclusive discretion, and may be subject to change, modification, or complete termination at any time, with or without prior notice or explanation, and without any obligation, liability, or recourse of any kind or nature whatsoever on the part of the Marketplace. For illustrative and informational purposes only, and without creating any contractual obligation, legal commitment, or user entitlement, the Marketplace may, from time to time, elect, in its sole and unreviewable discretion, to utilize a tiered commission structure, which, if implemented, may hypothetically resemble the following non-binding, purely discretionary, and unilaterally modifiable commission levels:

·        Level 1 Authors: May, at the Marketplace's sole discretion, hypothetically receive up to 40% of the advertising revenue, if any, demonstrably and directly generated from advertisements displayed in direct and immediate proximity to their qualifying articles, blog posts, or other content contributions, as definitively determined and meticulously calculated by the Marketplace through its internal, proprietary, and non-transparent revenue attribution methodologies and accounting practices.

·        Level 2 Authors: May, at the Marketplace's sole discretion, hypothetically receive up to 30% of the advertising revenue, if any, demonstrably and directly generated from advertisements displayed in direct and immediate proximity to their qualifying articles, blog posts, or other content contributions, as definitively determined and meticulously calculated by the Marketplace through its internal, proprietary, and non-transparent revenue attribution methodologies and accounting practices.

·        Level 3 Authors: May, at the Marketplace's sole discretion, hypothetically receive up to 20% of the advertising revenue, if any, demonstrably and directly generated from advertisements displayed in direct and immediate proximity to their qualifying articles, blog posts, or other content contributions, as definitively determined and meticulously calculated by the Marketplace through its internal, proprietary, and non-transparent revenue attribution methodologies and accounting practices.

·        Level 4 Authors: May, at the Marketplace's sole discretion, hypothetically receive up to 10% of the advertising revenue, if any, demonstrably and directly generated from advertisements displayed in direct and immediate proximity to their qualifying articles, blog posts, or other content contributions, as definitively determined and meticulously calculated by the Marketplace through its internal, proprietary, and non-transparent revenue attribution methodologies and accounting practices.
 These hypothetical, non-binding, and purely illustrative commission levels, if and when offered, may be arbitrarily based, in whole or in part, on the author's overall contribution, perceived content quality, demonstrable user engagement metrics, subjective editorial assessments, or any other criteria, factors, or considerations unilaterally determined and arbitrarily modified by the Marketplace from time to time, in its sole and unreviewable discretion, without any obligation to provide prior notice, justification, or transparency to content authors or other users. The Marketplace explicitly reserves the absolute, unfettered, and non-reviewable right to comprehensively modify, unilaterally alter, arbitrarily adjust, substantially curtail, or completely terminate the author level criteria, revenue sharing percentages, program eligibility requirements, payout schedules, or any and all other aspects of this purely discretionary and gratuitous advertising revenue sharing program at any time, with or without prior notice, explanation, or justification, and without incurring any liability or obligation of any kind or nature whatsoever to content authors, users, or any other party.
 Revenue sharing payouts, if and when actually and voluntarily offered by the Marketplace, will be calculated and credited to eligible author accounts on a purely discretionary and non-guaranteed monthly basis, typically within an estimated and non-binding timeframe of 10–15 business days after the end of each calendar month, strictly subject to successful and error-free processing by third-party payment processors, such as Stripe, and further contingent upon numerous factors that are wholly outside the Marketplace's control, including, but not limited to, actual advertising revenue generation, advertiser payment defaults, fluctuations in advertising demand, changes in advertising network policies, and technical malfunctions or errors in revenue tracking and attribution systems. Authors must accrue and maintain a minimum verified and non-disputed balance of fifty United States dollars ($50.00 USD) in demonstrably attributable advertising revenue share earnings, as definitively determined and meticulously calculated by the Marketplace through its internal, proprietary, and non-transparent revenue attribution methodologies and accounting practices, before a withdrawal request can be even considered for potential discretionary processing by the Marketplace, consistent with the minimum withdrawal balance requirements applicable to sellers of digital products, as set forth in the Payment Policy and Seller Agreement. Any and all payouts, if and when actually and voluntarily offered and processed by the Marketplace, are explicitly and unconditionally subject to deduction of any and all applicable third-party payment processor transaction fees, currency conversion fees, withdrawal fees, and any other fees, charges, assessments, or deductions that may be imposed, assessed, or levied by third-party payment processors, intermediary financial institutions, or governmental authorities, as well as the comprehensive and controlling terms, conditions, limitations, restrictions, and disclaimers meticulously set forth in the Payment Policy, Seller Agreement, and these Terms and Conditions.
 The Marketplace explicitly reserves the absolute, unfettered, discretionary, and non-reviewable right to comprehensively modify, unilaterally alter, arbitrarily adjust, substantially curtail, completely suspend, or permanently terminate this advertising revenue-sharing program, in whole or in part, at any time, for any reason, or for no reason whatsoever, with or without prior notice, explanation, or justification, and without incurring any liability or obligation of any kind or nature whatsoever to content authors, users, or any other party. The Marketplace provides no representations, warranties, covenants, or guarantees, either express or implied, statutory, contractual, or otherwise, that content authors will actually receive any specific level of advertising revenue, or any advertising revenue whatsoever, from their content contributions, as advertising revenue generation is inherently contingent upon numerous volatile, unpredictable, and uncontrollable factors that are wholly outside the Marketplace's control, including, but not limited to, overall website traffic, user engagement metrics, advertisement placement optimization, click-through rates, conversion rates, advertiser demand, seasonal fluctuations in advertising spending, macroeconomic conditions, changes in advertising network algorithms, and numerous other market-driven and technological variables that are subject to constant change and unpredictable volatility.

9.3. Disclaimer of Endorsement

You explicitly acknowledge, understand, and agree that the marketplace, TrekGuider inc., its affiliates, officers, directors, employees, agents, and representatives, do not, under any circumstances, endorse, sponsor, recommend, validate, verify, or warrant, either expressly or impliedly, any products, services, information, offers, promotions, claims, opinions, or content advertised, displayed, promoted, or otherwise made available on or through the marketplace platform, including, but not limited to, advertisements served through google adsense or other third-party advertising networks. The marketplace further explicitly disclaims any and all responsibility and liability for the substance, content, accuracy, completeness, legality, authenticity, safety, or reliability of any advertisements, promotional materials, or sponsored content displayed on the marketplace, or for any and all claims, representations, or guarantees made, asserted, or implied by advertisers, sponsors, or providers of promotional content. Your interactions, transactions, and engagements with any advertisers or sponsors whose advertising content is displayed on the marketplace are solely and exclusively between you and the applicable advertiser or sponsor, and you explicitly acknowledge and agree that you assume any and all risks associated with such interactions, transactions, and engagements.

9.4. Modification of Advertising Policy

The Marketplace explicitly reserves, and shall at all times retain, the unilateral, absolute, unfettered, discretionary, and non-reviewable right to comprehensively modify, unilaterally alter, arbitrarily adjust, substantially curtail, completely suspend, or permanently terminate the Advertising Policy, the advertising revenue sharing program, and any and all other aspects of advertising, promotion, and monetization on the Marketplace platform, in whole or in part, at any time, for any reason, or for no reason whatsoever, with or without prior notice, explanation, or justification, and without incurring any liability or obligation of any kind or nature whatsoever to content authors, users, advertisers, sponsors, or any other party.

10. Integration with Other Policies

10.1. Policy References

This comprehensive Terms and Conditions document explicitly incorporates by direct and unambiguous reference the following enumerated Marketplace policies, guidelines, agreements, and legal instruments, each of which, in its most current and controlling version as published on the Marketplace website, is hereby deemed to form an inseparable, integral, and legally binding component of these Terms and Conditions, as if fully and completely reproduced and set forth verbatim herein:
·        Privacy Policy: The Marketplace's comprehensive and controlling Privacy Policy, as amended, revised, or updated from time to time, which meticulously describes and comprehensively governs the Marketplace's policies, practices, and procedures regarding the collection, use, processing, storage, safeguarding, disclosure, and overall management and handling of users' personal data, personally identifiable information, and other confidential or sensitive data.
·        Cookie Policy: The Marketplace's comprehensive and controlling Cookie Policy, as amended, revised, or updated from time to time, which meticulously explains and comprehensively governs the Marketplace's policies, practices, and procedures regarding the deployment, utilization, management, and user control of cookies, web beacons, pixels, local storage, and other similar tracking technologies employed on the Marketplace platform.
·        Payment Policy: The Marketplace's comprehensive and controlling Payment Policy, as amended, revised, or updated from time to time, which meticulously outlines and comprehensively governs the Marketplace's policies, practices, procedures, terms, conditions, limitations, restrictions, and disclaimers pertaining to payment processing, transaction fees, commission structures, revenue sharing arrangements, refund policies, chargeback procedures, subscription terms, billing practices, and all other financial and transactional aspects of the Marketplace platform.
·        Copyright Policy: The Marketplace's comprehensive and controlling Copyright Policy, as amended, revised, or updated from time to time, which meticulously establishes and comprehensively governs the Marketplace's policies, practices, and procedures regarding intellectual property rights, copyright protection, Digital Millennium Copyright Act (DMCA) compliance, procedures for reporting and addressing copyright infringement claims, counter-notification mechanisms, and related legal and regulatory requirements pertaining to copyrighted content and intellectual property on the Marketplace platform.
·        Dispute Resolution Policy: The Marketplace's comprehensive and controlling Dispute Resolution Policy, as amended, revised, or updated from time to time, which meticulously sets forth and comprehensively governs the Marketplace's policies, practices, and procedures regarding the resolution of disputes, controversies, and claims of any kind or nature whatsoever arising between users of the Marketplace, or between users and the Marketplace, including, but not limited to, dispute escalation protocols, mediation procedures, arbitration provisions, forum selection clauses, governing law provisions, and limitations on available remedies and legal recourse.
·        Seller Agreement: The Marketplace's comprehensive and controlling Seller Agreement, as amended, revised, or updated from time to time, which meticulously delineates and comprehensively governs the legally binding contractual relationship, rights, obligations, responsibilities, liabilities, limitations, restrictions, and disclaimers applicable to sellers, content creators, and other parties offering digital products, services, or content for sale, distribution, or commercial exploitation on or through the Marketplace platform, including, but not limited to, seller registration requirements, product listing guidelines, commission structures, payment terms, intellectual property warranties, indemnification obligations, and account termination policies.
By affirmatively accessing or using the Marketplace in any manner, you explicitly, knowingly, voluntarily, and irrevocably acknowledge, understand, and agree that you have carefully read, fully comprehended, and explicitly consent to be unconditionally and perpetually bound by the entirety of these referenced policies, guidelines, and agreements, in addition to all other provisions, terms, conditions, covenants, obligations, and disclaimers meticulously set forth within these Terms and Conditions, and that your ongoing access to and use of the Marketplace shall, at all times, remain strictly and continuously subject to, and fully governed and controlled by, all such referenced policies, guidelines, and agreements, as they may be amended, revised, or updated from time to time by the Marketplace in its sole and exclusive discretion.

11. Governing Law and Jurisdiction

11.1. Applicable Law

These Terms and Conditions, and any and all disputes, controversies, claims, causes of action, or matters of any kind or nature whatsoever arising under, in connection with, or in relation to these Terms and Conditions, the TrekGuider Marketplace, or the relationship between you and TrekGuider Inc., shall be exclusively, definitively, and comprehensively governed by, construed, interpreted, and enforced in accordance with the internal laws of the United States of America and the State of Delaware, without regard to or application of any choice of law principles, conflict of laws rules, or private international law doctrines that might otherwise refer the governance, construction, interpretation, or enforcement of these Terms and Conditions to the substantive law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions and is hereby expressly, explicitly, unequivocally, and irrevocably disclaimed and excluded in its entirety.

11.2. Dispute Resolution

Any and all disputes, controversies, claims, or causes of action arising out of or relating to these Terms and Conditions, the TrekGuider Marketplace, or the relationship between you and TrekGuider Inc., shall be exclusively, definitively, and finally resolved in accordance with the Dispute Resolution Policy, which is fully incorporated herein by reference and constitutes an integral and legally binding part of these Terms and Conditions. To the extent that the Dispute Resolution Policy mandates or permits recourse to litigation in a judicial forum, you explicitly, knowingly, voluntarily, and irrevocably consent and agree that any and all such litigation shall be exclusively instituted, prosecuted, and adjudicated in the state or federal courts physically located within the State of Delaware, and you hereby explicitly, knowingly, voluntarily, and irrevocably consent and submit to the exclusive personal and subject matter jurisdiction of such courts for the purposes of adjudicating any and all such disputes, controversies, claims, or causes of action.

11.3. Waiver of Jury Trial

To the maximum extent permitted by applicable mandatory law, you and TrekGuider inc. hereby explicitly, knowingly, voluntarily, and irrevocably waive, surrender, and forever relinquish your respective rights to a trial by jury in any and all legal proceedings, actions, causes of action, counterclaims, cross-claims, or third-party claims of any kind or nature whatsoever, whether in contract, tort, equity, statute, or otherwise, arising out of or relating to these terms and conditions, the marketplace, or the relationship between you and TrekGuider inc. this jury trial waiver constitutes a material inducement for TrekGuider inc. to enter into these terms and conditions and provide you with access to the marketplace and its services.

11.4. Exclusion of UN Convention

For absolute clarity and the avoidance of any ambiguity or interpretive uncertainty, it is hereby explicitly, unequivocally, and irrevocably declared, stipulated, and agreed that these Terms and Conditions, and any and all agreements, transactions, interactions, or relationships contemplated hereby or arising hereunder, shall not be governed, regulated, interpreted, or otherwise affected or influenced in any manner whatsoever by the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly, explicitly, unequivocally, and irrevocably disclaimed, waived, and excluded in its entirety, ab initio, and perpetually, as to these Terms and Conditions and all matters arising hereunder or related hereto.

12. Amendments and Updates

12.1. Amendments and Updates

·        Unilateral and Discretionary Marketplace Right to Amend, Revise, Modify, or Update Policy: TrekGuider Inc. explicitly, unequivocally, and irrevocably reserves, and shall at all times retain, the sole, exclusive, unfettered, discretionary, and non-reviewable right to unilaterally amend, revise, modify, alter, supplement, or comprehensively update this Policy, in whole or in part, in any particular provision, or in its entirety, at any time, for any reason, for any purpose, and at its sole and absolute discretion, without any requirement to provide prior notice, explanation, or justification to users, or to obtain any user consent, approval, or assent to any such amendments, revisions, modifications, or updates. This comprehensive, unilateral, and non-reviewable right explicitly includes, but is not limited to, the absolute and unrestricted right to add, remove, or modify any provisions, clauses, sentences, paragraphs, sections, or subsections of this Policy, and to introduce new policies, guidelines, rules, procedures, protocols, or requirements at any time, without limitation.
·        Immediate Effectiveness and Universal Applicability of Updated Policy Upon Posting: Any and all amendments, revisions, modifications, alterations, supplements, or comprehensive updates to this Policy, irrespective of their nature, scope, or substantive impact, shall become automatically, immediately, and irrevocably effective and legally binding upon all users of the Marketplace immediately and instantaneously upon their posting, publication, or other dissemination on the TrekGuider Marketplace website, unless a specific, objectively determinable, and explicitly delineated future effective date is unambiguously designated and conspicuously specified by the Marketplace, in its sole and exclusive discretion, within the text of the updated Policy itself. The most current, controlling, operative, and legally authoritative version of this Policy shall, at all times, be conclusively and definitively deemed to be the version that is actively and publicly posted, published, and maintained on the Marketplace website, as unilaterally determined by the Marketplace in its sole and non-reviewable discretion. Users bear sole and exclusive responsibility for regularly and proactively consulting the Marketplace website to ascertain the most current and controlling version of this Policy.
·        Discretionary and Non-Guaranteed User Notification of Significant or Material Changes: While the Marketplace explicitly reserves the absolute, unfettered, discretionary, and non-reviewable right to amend, revise, modify, or update this Policy without any obligation to provide prior notice to users, for certain substantive, material, or significant changes that, in the Marketplace’s sole, subjective, and non-reviewable discretion, may be reasonably deemed to materially and adversely affect users' explicitly enumerated legal rights or demonstrably increase users' affirmatively defined legal obligations under this Policy, the Marketplace may, but shall not be legally obligated or contractually compelled to, endeavor, in good-faith, to provide purely discretionary, non-guaranteed, and non-binding reasonable advance notification to affected users, solely as a gratuitous courtesy and non- mandatory voluntary action. Any such discretionary and non-guaranteed user notification, if voluntarily undertaken by the Marketplace, may, at the Marketplace’s sole and exclusive option, discretion, and convenience, be provided via prominent posting of a conspicuous notice or banner on the Marketplace website, direct email communication to registered users, in-platform notifications delivered through the user interface, or other commercially reasonable means of communication, as unilaterally determined and arbitrarily selected by the Marketplace in its sole and unreviewable discretion. However, the Marketplace explicitly provides no representations, warranties, covenants, or guarantees, either express or implied, statutory, contractual, or otherwise, that users will actually receive, or are guaranteed to receive, any actual, timely, effective, or adequate notice of any and all Policy amendments, revisions, modifications, or updates, and users explicitly acknowledge, understand, and agree that they remain solely, exclusively, and absolutely responsible for proactively, diligently, and periodically reviewing the Policy, in its most current version as posted on the Marketplace website, for any and all amendments, revisions, modifications, or updates, and for remaining fully apprised of, and continuously compliant with, the most current and controlling version of the Policy, irrespective of whether they receive any direct, indirect, actual, or constructive notice of such Policy changes from the Marketplace.

12.2. Policy Review and Periodic Updates Schedule

To proactively ensure the enduring currency, continued operational effectiveness, sustained practical applicability, and unwavering legal compliance of this Policy, and to dynamically and responsively reflect the inevitable and continuous evolution of applicable legal and regulatory mandates, prevailing jurisprudential interpretations, technological advancements, emergent cybersecurity threats, and ongoing adaptations and refinements in the TrekGuider Marketplace's core business operations, fundamental operational practices, technological infrastructure, data processing methodologies, and prevailing industry best practices for online marketplaces and digital commerce platforms, this Policy shall be subject to a formalized, meticulously structured, demonstrably rigorous, and consistently implemented program of periodic review, comprehensive re-evaluation, and proactive updates, conducted according to the following comprehensive schedule, rigorously defined process, and unilaterally determined criteria, as established, controlled, and arbitrarily modified by the Marketplace in its sole and unreviewable discretion:
·        Pre-Defined Triggers for Mandatory Policy Review and Potential Update: This Policy shall be automatically, mandatorily, and non-discretionally triggered for comprehensive review and potential update, revision, or amendment on a pre-defined, recurring, and consistently applied periodic basis, and also on an ad-hoc, event-driven, and immediately responsive basis, specifically and automatically upon the definitive and objectively verifiable occurrence of any one or more of the following triggering events, as unilaterally determined and non-reviewably assessed by the Marketplace in its sole and exclusive discretion:
o   Material Amendments, Revisions, or Superseding Enactments of Governing Laws and Regulations: Any substantive amendments, significant revisions, comprehensive overhauls, or superseding enactments, repeals, or judicial invalidations of controlling international, federal, state, or local laws, statutes, ordinances, regulations, administrative rules, or legally binding judicial precedents, decrees, or governmental directives, including, but not limited to, those promulgated, issued, or enforced by the United States, the European Union, or any other jurisdiction with reasonably foreseeable regulatory authority or legal oversight over the TrekGuider Marketplace, its users, or its operations, that may, in any demonstrable, material, or reasonably foreseeable manner, substantively impact the core content, legal interpretation, practical enforcement, or overall legal defensibility of this Policy, or that may impose new, modified, or expanded legal or regulatory obligations, liabilities, compliance requirements, or affirmative duties upon the TrekGuider Marketplace, shall automatically, mandatorily, and non-discretionally trigger an immediate, prioritized, and demonstrably comprehensive review of this Policy to ensure continued, unimpeachable, and demonstrably robust legal compliance, sustained legal defensibility, and ongoing alignment with the most current, comprehensively updated, and universally applicable legal and regulatory landscape.
o   Substantial and Strategic Modifications, Revisions, or Evolutions in Core Business Model, Operational Practices, or Technological Infrastructure: Any fundamental, strategic, or transformative changes, significant alterations, material expansions, or substantial evolutions, reconfigurations, or re-architectures in the TrekGuider Marketplace’s core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, third-party vendor relationships, or other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, or core business focus that may, in any reasonably foreseeable manner, foreseeably necessitate substantive revisions, critical updates, or comprehensive re-evaluations of this Policy to ensure its continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable alignment with the Marketplace’s current and strategically updated core business practices, evolving strategic imperatives, and dynamically evolving operational realities, shall automatically, mandatorily, and non-discretionally trigger a timely, thorough, and meticulously documented review of this Policy to guarantee its continued fitness for purpose, sustained practical applicability, and ongoing operational relevance in the dynamically evolving context of the Marketplace’s day-to-day operations, strategic imperatives, and evolving business realities.
·        Rigorous, Multi-Party, and Demonstrably Comprehensive Policy Review and Update Process, Subject to Unilateral Marketplace Discretion and Control: The comprehensive review and any and all subsequent updates, revisions, or amendments to this Policy shall be mandatorily conducted through a formalized, multi-party, and demonstrably rigorous process, collaboratively led and jointly executed by demonstrably qualified, experienced, and duly authorized personnel, including, without limitation, the TrekGuider Inc. Founder, serving as the ultimate business and operational authority for the Marketplace platform, and qualified, experienced, and duly authorized external legal counsel, possessing specialized and demonstrably recognized expertise in internet law, e-commerce regulation, data privacy compliance, online marketplace legal frameworks, digital content regulation, and other relevant areas of legal and regulatory compliance, thereby ensuring a demonstrably comprehensive, meticulously documented, demonstrably legally informed, and demonstrably operationally pragmatic assessment of the Policy’s continued adequacy, sustained legal defensibility, and ongoing practical effectiveness. This meticulously structured and rigorously implemented Policy review and update process shall systematically encompass, without limitation, the following essential procedural components and substantive analytical elements, as unilaterally determined, arbitrarily modified, and non-reviewably controlled by the Marketplace in its sole and exclusive discretion:
o   Exhaustive and Meticulous Legal Compliance Review by Qualified External Legal Counsel: Duly authorized, demonstrably qualified, and demonstrably experienced external legal counsel, possessing specialized expertise in the relevant areas of law and regulation, shall conduct a demonstrably exhaustive, meticulously documented, and demonstrably legally rigorous review of the entirety of this Policy, systematically assessing each and every provision, clause, sentence, paragraph, and section of the Policy against the most current and comprehensively updated corpus of applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding judicial precedents, decrees, and governmental directives, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in counsel’s expert legal judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued, unimpeachable, and demonstrably robust legal compliance, sustained legal defensibility, and ongoing alignment with prevailing legal standards, regulatory expectations, and jurisprudential best practices, as objectively assessed and professionally verified by qualified legal counsel.
o   Comprehensive Operational and Business Alignment Review by TrekGuider Inc. Founder and Executive Management: The TrekGuider Inc. Founder, possessing ultimate operational authority and comprehensive strategic oversight for the Marketplace platform, and other members of TrekGuider Inc.'s executive management team, possessing demonstrably relevant operational expertise and strategic decision-making authority, shall conduct a demonstrably comprehensive, meticulously documented, and demonstrably operationally focused review of the entirety of this Policy, systematically evaluating each and every provision, clause, sentence, paragraph, and section of the Policy against the Marketplace’s most current and strategically updated core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, and other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, and core business focus, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in the Founder’s and executive management’s expert operational and strategic judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable practical applicability in the dynamically evolving context of the Marketplace’s day-to-day operations, strategic imperatives, and evolving business realities.
o   Meticulous Documentation, Version Control, and Archival Record-Keeping of All Policy Amendments, Revisions, and Updates: Any and all substantive amendments, material revisions, comprehensive updates, or minor grammatical, stylistic, or formatting edits to this Policy, resulting from the aforementioned rigorous and multi-party review process, shall be meticulously documented, comprehensively recorded, clearly version-controlled, and formally incorporated into the official, master Policy document, ensuring a complete, transparent, readily auditable, and perpetually maintained historical record of any and all modifications, revisions, and updates implemented over time. Each updated, revised, or amended iteration of the Policy shall prominently display a revised and conspicuously formatted “Last Updated” date, meticulously and accurately reflecting the precise calendar date of the most recent substantive changes, thereby providing users with a readily accessible, easily verifiable, and universally understandable mechanism for ascertaining the currentness, operative effect, and effective date of the governing Policy document.
This meticulously structured, rigorously implemented, demonstrably comprehensive, and consistently operationalized Policy Review and Periodic Updates Schedule is explicitly, deliberately, and intentionally designed, and shall be perpetually and consistently operationalized, to definitively ensure, to the maximum extent reasonably and technologically feasible, that this Policy remains, at all times, a demonstrably living, dynamically evolving, consistently current, demonstrably legally compliant, demonstrably operationally effective, and unequivocally authoritative governing document, comprehensively reflecting the TrekGuider Marketplace’s unwavering, ongoing, and demonstrably proactive commitment to perpetual legal and regulatory compliance, continuous adherence to evolving industry best practices, and the transparent, accurate, and consistently up-to-date provision of essential policy information to its valued users, stakeholders, regulatory authorities, and the broader online community.
This meticulously structured and rigorously implemented Policy Review and Periodic Updates Schedule is explicitly intended, and shall be consistently operationalized, to definitively ensure that this policy remains, at all times, a demonstrably living, dynamically evolving, consistently current, demonstrably legally compliant, demonstrably operationally effective, and unequivocally authoritative governing document, comprehensively reflecting the TrekGuider Marketplace’s unwavering, ongoing, and demonstrably proactive commitment to legal and regulatory compliance, adherence to industry best practices, and the transparent, accurate, and consistently up-to-date provision of essential policy information to its valued users, stakeholders, and the broader online community.

13. Electronic Consent and Acknowledgment

13.1. Acceptance Mechanisms

By affirmatively accessing the Marketplace website, continuing to use it, creating an account on the platform, or checkbox labeled “I agree,” “I accept,” “Terms and Conditions Apply,” or any analogous language purporting to signify your assent to these Terms and Conditions, or by commencing, continuing, or resuming any utilization of the Marketplace, its services, features, functionalities, or content, you explicitly, knowingly, voluntarily, and irrevocably acknowledge, understand, and affirmatively agree that you have carefully and thoroughly read, fully comprehended, and explicitly consent to be unconditionally and perpetually bound by the entirety of these Terms and Conditions, and any and all policies, guidelines, rules, agreements, and legal instruments incorporated herein by reference, in their most current and controlling versions as published on the Marketplace website from time to time. This electronic consent and acknowledgment mechanism is intended to be, and shall be definitively construed as, a legally valid, binding, and enforceable manifestation of your informed, unequivocal, and affirmative assent to the contractual terms and conditions set forth herein, and shall be accorded the same legal force and effect as a manually executed, ink-on-paper, written contractual agreement bearing your original handwritten signature.

13.2. Record of Consent

The Marketplace explicitly maintains, diligently preserves, and securely archives comprehensive, meticulously detailed, and legally compliant records of user acceptance, consent, and affirmative acknowledgment of these Terms and Conditions, and all incorporated policies, guidelines, rules, and agreements, for comprehensive legal compliance, robust evidentiary support in dispute resolution proceedings, and meticulous record-keeping purposes, in accordance with applicable legal and regulatory requirements, industry best practices, and internal data governance policies. Such records of user consent may include, but are not limited to, electronic timestamps, internet protocol (IP) addresses, user account identifiers, specific version numbers or revision dates of the Terms and Conditions accepted, and any and all other relevant data points or metadata elements that may be reasonably necessary or advisable to definitively and verifiably demonstrate, document, and legally substantiate the fact, date, time, and unequivocal nature of each user’s informed, voluntary, and legally binding consent to these Terms and Conditions.

14. Age Restrictions

14.1. Minimum Age Requirement

Access to and utilization of the TrekGuider Marketplace is strictly and expressly restricted to users who have attained at least the minimum legally required age of contractual capacity and legal competence in their respective jurisdiction of residence. Unless explicitly and unambiguously mandated by applicable mandatory law in your jurisdiction of residence, users must be at least thirteen (13) years of age or older to lawfully access, utilize, or participate in any aspect of the Marketplace, including, but not limited to, browsing the website, registering a user account, purchasing products or services, or contributing user-generated content. Notwithstanding the foregoing general minimum age requirement of thirteen (13) years, users who are resident in jurisdictions where applicable local, state, provincial, regional, or national law, statute, ordinance, regulation, or administrative rule mandates a higher minimum age of contractual capacity or legal competence for online service utilization or digital commerce transactions, including, by way of example and without limitation, certain jurisdictions that mandate a minimum age of eighteen (18) years for such activities, must, without exception, fully and scrupulously comply with such higher locally applicable minimum age requirements, and access to or utilization of the Marketplace by any user who has not yet attained such locally mandated higher minimum age is strictly, absolutely, and unequivocally prohibited, irrespective of the user's physical location or place of access. By accessing or using the Marketplace in any manner, you affirmatively, unequivocally, and perpetually represent, warrant, and covenant that you fully satisfy and perpetually comply with all applicable minimum age requirements and age-based legal restrictions in your jurisdiction of residence, and that you possess the requisite legal capacity, competence, and authority to enter into and be legally bound by these Terms and Conditions.

14.2. Parental or Guardian Consent

If you are accessing or using the Marketplace, or seeking to register a user account on the Marketplace, and you have not yet attained the age of eighteen (18) years (or the locally applicable age of majority, legal adulthood, or contractual capacity in your jurisdiction of residence, if such age is greater than eighteen (18) years), you are explicitly and affirmatively required to secure, obtain, and maintain, at all times, the express, informed, verifiable, and legally valid consent, permission, and affirmative authorization of your legally recognized parent or duly appointed legal guardian to access and utilize the Marketplace, and to affirmatively accept and agree to be legally bound by these Terms and Conditions. Furthermore, in such instances, your legally recognized parent or duly appointed legal guardian must, in addition to providing verifiable consent for your access and utilization of the Marketplace, explicitly, knowingly, voluntarily, and affirmatively agree to be personally, directly, and jointly and severally liable, responsible, and legally bound by these Terms and Conditions, in their own individual legal capacity, and to fully and unconditionally guarantee your due and complete performance of all obligations, duties, and responsibilities incumbent upon you under these Terms and Conditions. The Marketplace explicitly reserves the right, exercisable in its sole and absolute discretion, to implement reasonable and legally permissible verification procedures to authenticate and validate the veracity, voluntariness, and informed nature of parental or guardian consent, and to refuse, suspend, or terminate access to the Marketplace for any user for whom verifiable and legally sufficient parental or guardian consent cannot be conclusively and affirmatively established to the Marketplace’s sole and exclusive satisfaction.

15. Termination of Access

15.1. Termination by the Marketplace

The Marketplace explicitly reserves, and shall at all times retain, the unilateral, absolute, unfettered, discretionary, and non-reviewable right, exercisable in its sole and exclusive judgment, to immediately, temporarily, or permanently suspend, limit, restrict, revoke, or comprehensively terminate your access to the Marketplace, your user account, and any and all features, functionalities, services, content, and benefits associated therewith, at any time, for any reason, or for no reason whatsoever, with or without prior notice, explanation, or justification to you, and without incurring any liability or obligation of any kind or nature whatsoever to you or any third party. Grounds, reasons, or justifications for such discretionary account suspension, limitation, restriction, revocation, or termination may include, but are not limited to, any actual, alleged, or suspected violation or breach of these Terms and Conditions, any applicable Marketplace policies, or any applicable law or regulation, engagement in any activities that the Marketplace, in its sole and exclusive judgment, deems to be fraudulent, deceptive, unethical, harmful, unlawful, or otherwise objectionable or detrimental to the Marketplace, its users, or its community, or any other actions, omissions, or circumstances that the Marketplace, in its sole and exclusive discretion, deems to warrant or justify account suspension or termination.

15.2. User-Initiated Termination

You, as a user, are unilaterally and unconditionally entitled to voluntarily terminate your user account on the Marketplace at any time, for any reason, or for no reason whatsoever, by affirmatively initiating account termination procedures through the designated account settings or functionalities provided on the Marketplace platform, or by directly contacting Marketplace customer support through the designated communication channels explicitly identified in these Terms and Conditions or elsewhere on the Marketplace website and unequivocally requesting account termination. However, you explicitly acknowledge, understand, and agree that any voluntary user-initiated account termination shall not, under any circumstances, operate to automatically or instantaneously discharge, release, or otherwise extinguish any outstanding obligations, liabilities, or pending transactions that may be associated with your user account, and that any and all such outstanding balances, unresolved financial obligations, pending transactions, or unfulfilled contractual commitments must be fully, completely, and irrevocably resolved, satisfied, and discharged by you, in accordance with all applicable Marketplace policies, terms, and conditions, prior to the effective closure and complete termination of your user account. The Marketplace explicitly reserves the right to withhold, offset, deduct, or otherwise apply any and all funds, account balances, pending payouts, or other monetary consideration otherwise due or owing to you to satisfy any such outstanding obligations, liabilities, or pending transactions prior to effectuating account closure.

15.3. Survival of Terms

The following Sections of these Terms and Conditions, as well as any and all other provisions, clauses, and sections that, by their inherent nature, manifest intent, or reasonably discernible contextual implication, are explicitly or implicitly intended to survive, endure, and remain in full force and effect notwithstanding any termination or expiration of these Terms and Conditions, or any termination, suspension, deactivation, or closure of your user account, shall, in fact, expressly and unequivocally survive any such termination, expiration, suspension, deactivation, or closure, and shall continue to govern and control the relationship between you and TrekGuider Inc. and to fully bind and obligate you, perpetually and without limitation in time, to the full extent legally permissible and contractually enforceable under applicable mandatory law. By way of example and without limitation, such surviving Sections explicitly include: Section 4 (Limitation of Liability), Section 4.3 (Indemnification), Section 11 (Governing Law and Jurisdiction), Section 11.3 (Waiver of Jury Trial), Section 17 (Language and Interpretation), this Section 15.3 (Survival of Terms), Section 16 (Force Majeure), Section 18 (Miscellaneous Provisions), and any and all other provisions, clauses, and sections of these Terms and Conditions that are reasonably necessary or advisable to ensure the complete, effective, and legally enforceable preservation and protection of the Marketplace’s rights, remedies, interests, and legal entitlements following any termination or expiration of these Terms and Conditions or user account closure.
·       Marketplace Disclaimer Regarding Termination: The Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, agents, and representatives, explicitly disclaim any and all liability, responsibility, or legal culpability to you or any third party for any termination, suspension, limitation, or restriction of your access to the Marketplace, your user account, or any associated features, functionalities, services, or content, regardless of the cause, justification, or circumstances of such termination, suspension, limitation, or restriction, and you explicitly, knowingly, voluntarily, and irrevocably acknowledge, understand, and agree that the Marketplace shall have no obligation to provide you with any compensation, remuneration, damages, refunds, or other forms of monetary or equitable relief or consideration as a direct or indirect result of, or in connection with, any such termination, suspension, limitation, or restriction of your access to the Marketplace or your user account, except as may be expressly, unambiguously, and affirmatively mandated by applicable mandatory law, which shall be narrowly and strictly construed.

16. Force Majeure

16.1. Exemption from Liability

TrekGuider Inc., the Marketplace, its affiliates, subsidiaries, parent companies, successors, assigns, officers, directors, employees, agents, and representatives, shall not, under any circumstances, be held liable, responsible, or legally culpable for any failure or demonstrable delay in the due, timely, complete, or proper performance of any of its obligations, duties, responsibilities, or covenants under these Terms and Conditions, or for any losses, damages, liabilities, costs, or expenses of any kind or nature whatsoever directly or indirectly incurred by any user or third party, if such failure or delay is proximately caused by, directly arises from, or is demonstrably attributable to the occurrence or material exacerbation of events, circumstances, or causes that are unequivocally and comprehensively beyond its reasonable control, and which could not have been reasonably foreseen, anticipated, prevented, avoided, or mitigated through the exercise of commercially reasonable diligence, proactive risk management, and adherence to industry best practices (collectively, "Force Majeure Events"). Such Force Majeure Events may include, by way of example and without limitation, acts of God, natural disasters, pandemics, epidemics, public health emergencies, quarantine restrictions, governmental actions, decrees, regulations, or restrictions, acts of terrorism, civil unrest, labor strikes, industrial actions, utility failures, electrical outages, telecommunications disruptions, internet service provider failures, denial-of-service attacks, distributed denial-of-service attacks, cyberattacks, ransomware incidents, malware infections, data security breaches, acts of war, armed conflict, military hostilities, invasions, civil commotions, riots, insurrections, revolutions, embargoes, blockades, trade sanctions, economic sanctions, currency controls, or any other similar or dissimilar events, circumstances, or causes that are objectively and demonstrably beyond the reasonable control of TrekGuider Inc. and the Marketplace.

17. Language and Interpretation

17.1. Language

These Terms and Conditions are originally drafted, comprehensively negotiated, definitively executed, and intended to be legally controlling and authoritatively binding in the English language, utilizing standard American English as the operative linguistic norm. In the event that these Terms and Conditions are translated, localized, or otherwise rendered into any languages other than the English language, whether for user convenience, accessibility, marketing purposes, regulatory compliance, or any other reason whatsoever, the original, controlling, and legally authoritative English language version of these Terms and Conditions shall, in all instances, perpetually and unequivocally govern, control, and definitively prevail over any and all such translations, localizations, or alternative language versions, and shall be exclusively and non- veto utilized and relied upon for purposes of interpreting, construing, applying, enforcing, or otherwise adjudicating the meaning, scope, intent, or legal effect of any and all provisions, clauses, sentences, paragraphs, sections, or subsections of these Terms and Conditions. Any and all such translations, localizations, or alternative language versions shall be explicitly and definitively deemed to be non-authoritative, non-binding, and provided solely for informational and user convenience purposes, without any legal effect or interpretive significance whatsoever.

17.2. Interpretation

Any and all ambiguities, inconsistencies, contradictions, or interpretive uncertainties that may be inadvertently or unintentionally present, or subsequently perceived or alleged to exist, within the text, language, or drafting of these Terms and Conditions, whether in particular provisions, specific clauses, enumerated sections, or the document as a whole, shall be definitively and conclusively resolved, clarified, and authoritatively interpreted in a manner that is objectively reasonable, commercially practical, and demonstrably consistent with the clearly expressed and manifestly discernible intent of the parties, as reasonably and objectively ascertained from the plain language of these Terms and Conditions, taken as a coherent, integrated, and internally consistent contractual instrument, and, to the extent reasonably feasible and legally permissible, in a manner that is further consistent with prevailing and generally accepted industry standards, established commercial norms, and recognized best practices applicable to online marketplaces and digital commerce platforms operating within the global internet ecosystem and subject to the legal and regulatory framework of the United States and the State of Delaware. In any instance of ambiguity, inconsistency, contradiction, or interpretive uncertainty, no provision of these Terms and Conditions shall be construed or interpreted, whether expressly, implicitly, or by operation of law, presumptively, automatically, or otherwise, strictly or disadvantageously against TrekGuider Inc. solely by virtue of its role as the drafting party or document originator, and any and all such presumptions, interpretive canons, or doctrines of contra proferentem are hereby explicitly, unequivocally, and irrevocably disclaimed, waived, and contractually negated to the maximum extent legally permissible under applicable mandatory law.

18. Miscellaneous Provisions

18.1. Entire Agreement

These Terms and Conditions, including all policies, guidelines, rules, agreements, and legal instruments explicitly incorporated herein by direct reference, in their most current and controlling versions as published on the Marketplace website from time to time, collectively constitute the complete, exclusive, fully integrated, and legally authoritative entire agreement, comprehensive mutual understanding, and ultimate, controlling, and legally binding contractual instrument definitively governing the totality of the relationship, rights, obligations, responsibilities, liabilities, and legal entitlements as between you, as a user of the Marketplace, and TrekGuider Inc., as the owner and operator of the Marketplace platform, with respect to your access to and utilization of the Marketplace, its services, functionalities, and content, and comprehensively supersede, preempt, and definitively replace any and all prior or contemporaneous agreements, understandings, negotiations, discussions, representations, warranties, covenants, communications, or proposals, whether oral or written, express or implied, actual or alleged, between you and TrekGuider Inc., or any of its affiliates, officers, directors, employees, agents, or representatives, relating to the subject matter hereof, or otherwise regarding the Marketplace or your use thereof. There are no representations, warranties, covenants, agreements, understandings, or collateral undertakings, whether oral or written, express or implied, statutory, contractual, or otherwise, between you and TrekGuider Inc. relating to the Marketplace or your use thereof that are not fully, completely, and explicitly set forth or directly and unambiguously incorporated by reference within these Terms and Conditions, and neither party shall be contractually bound by, legally liable for, or otherwise obligated or responsible for the performance or non-performance of, any alleged term, condition, covenant, representation, warranty, or undertaking that is not expressly and unambiguously memorialized in writing within the four corners of this legally controlling and fully integrated Entire Agreement.

18.2. Severability

If any provision, clause, sentence, paragraph, section, or subsection of these Terms and Conditions is definitively found, declared, adjudicated, or otherwise determined by a court of competent jurisdiction, governmental authority, regulatory agency, arbitral tribunal, or other legally authorized decision-making body, in a final, binding, and non-appealable judgment, order, decree, ruling, or decision, to be invalid, illegal, unenforceable, void, void ab initio, or otherwise contrary to applicable mandatory law, public policy, or fundamental principles of contractual validity or legal enforceability in any relevant jurisdiction, then such invalid, illegal, unenforceable, or void provision, clause, sentence, paragraph, section, or subsection shall be deemed to be automatically, retroactively, and perpetually severed, excised, and expunged from these Terms and Conditions, from the beginning, now for then, and without any further force or effect whatsoever, and the remainder of these Terms and Conditions, including any and all other provisions, clauses, sentences, paragraphs, sections, and subsections not so definitively found, declared, adjudicated, or otherwise determined to be invalid, illegal, unenforceable, or void, shall continue to remain in full force and effect, and shall be construed, interpreted, and enforced to the maximum extent legally permissible and in a manner that most faithfully and effectively effectuates the original, valid, and legally enforceable intent and commercial purpose of these Terms and Conditions, as objectively determined by a reasonable and fully informed observer, absent the severed, excised, and expunged provision, clause, sentence, paragraph, section, or subsection. The parties explicitly declare their mutual intention that these Terms and Conditions would be deemed to have been validly and effectively executed, and would have been knowingly and voluntarily entered into, even without the inclusion of any provision, clause, sentence, paragraph, section, or subsection that is ultimately determined to be invalid, illegal, unenforceable, or void, and that the invalidity, illegality, unenforceability, or voidness of any particular provision, clause, sentence, paragraph, or section shall not operate to vitiate, invalidate, or otherwise undermine the legal validity, contractual enforceability, or overall operative effect of the remaining provisions, clauses, sentences, paragraphs, and sections of these Terms and Conditions, in any respect whatsoever.

18.3. Notices

Any and all notices, demands, requests, inquiries, complaints, reports, or other communications that you may be required, desirable, or permitted to provide to TrekGuider Inc. under, in connection with, or pursuant to these Terms and Conditions, or your access to or use of the Marketplace, shall be exclusively provided, transmitted, and duly effectuated in writing, and shall be deemed to have been validly, effectively, and properly given only if actually and verifiably received by TrekGuider Inc. through one of the following designated and officially authorized communication channels, and demonstrably directed to the correspondingly designated contact addressee or recipient explicitly identified below:
·        Email Communication: Electronic mail transmissions, properly addressed to the designated email addresses explicitly identified below for specific categories of notices or inquiries:
o   Legal Notices, Policy Inquiries, and Formal Legal Correspondence: legal@trekguider.com
o   Copyright Infringement Notices and DMCA-Related Communications: copyright@trekguider.com
o   General Inquiries, Customer Support Requests, and all other Non-Legal or Non-Copyright Related Communications: contact@trekguider.com
·        Website Contact Form Submission: Electronic submissions transmitted through the official website contact form conspicuously and readily accessible on the Marketplace website, properly directed to the appropriate functional department or recipient category designated within the contact form interface.
·        Postal Mail Delivery via Registered or Certified Mail with Return Receipt Requested: Physical mail delivery via registered or certified mail, postage prepaid, return receipt requested, and properly addressed to the following physical mailing address: TrekGuider Inc., 1207 Delaware Ave, Suite #167, Wilmington, DE 19806, United States, demonstrably directed to the attention of the "Legal Department."
Telephonic communications, voice mail messages, facsimile transmissions, short message service (SMS) text messages, social media postings, or any other forms of communication, correspondence, or notification that are not expressly, affirmatively, and unambiguously authorized and delineated hereinabove shall not constitute valid or effective legal notice to TrekGuider Inc. for any purpose whatsoever under these Terms and Conditions, and are hereby explicitly, unequivocally, and perpetually disallowed and contractually negated. TrekGuider Inc. may, at its sole discretion, elect, but shall not be legally obligated or contractually compelled, to provide discretionary, non-binding, and gratuitous courtesy notices, communications, or notifications to users via email, in-platform messaging, or other electronic means; however, any such discretionary courtesy notices shall be deemed to be purely informational and non-authoritative, and shall not operate to modify, amend, or otherwise alter any user’s obligations, responsibilities, or liabilities under these Terms and Conditions, or to expand, diminish, or otherwise affect the scope, nature, or enforceability of TrekGuider Inc.'s rights, remedies, or legal entitlements hereunder.
18.4. No Third-Party Beneficiaries
These Terms and Conditions are explicitly, definitively, and unequivocally intended, structured, and legally effectuated for the sole and exclusive benefit of you, as a duly authorized user of the Marketplace platform, and TrekGuider Inc., as the owner and operator of the Marketplace platform, and are not purposefully, intentionally, or implicitly intended to confer, create, or otherwise recognize or bestow any rights, remedies, benefits, privileges, causes of action, or legal entitlements of any kind or nature whatsoever upon any third party, individual, or entity who or which is not a named, direct, and fully authorized signatory to these Terms and Conditions, nor shall these Terms and Conditions be reasonably construed or authoritatively interpreted to create, establish, or otherwise recognize any third-party beneficiary status, rights, or claims in favor of any non-signatory party, whether expressly, implicitly, incidentally, consequentially, or by operation of law, equity, or legal doctrine. It is the express, mutual, and unequivocally declared intent of the parties hereto that these Terms and Conditions shall be deemed to be strictly private, bipartisan, and solely for the mutual benefit and reciprocal contractual consideration of the direct signatories hereto, and that any and all claims, demands, actions, causes of action, lawsuits, or legal proceedings arising out of or relating to these Terms and Conditions shall be assertable and enforceable solely and exclusively by and between the direct parties hereto, and not by or on behalf of any third-party, whether claiming as a purported third-party beneficiary, assignee, transferee, or other claimant lacking direct contractual privity with TrekGuider Inc. under these Terms and Conditions.

19. Contact Information

For any and all questions, inquiries, concerns, complaints, requests for clarification, or other communications pertaining to these Terms and Conditions, the TrekGuider Marketplace, its services, functionalities, or operations, or to exercise any of your rights or fulfill any of your obligations under these Terms and Conditions or applicable law, you are explicitly directed and required to contact TrekGuider Inc. through the following designated and officially authorized communication channels and contact methods exclusively:
·        Designated Email Addresses for Specific Inquiries:
o   Legal and Policy-Related Inquiries, including DMCA Notices and Legal Process: legal@trekguider.com (for formal legal correspondence, policy-related inquiries, requests for legal interpretation, service of legal process, and submission of Digital Millennium Copyright Act (DMCA) infringement notifications and counter-notifications).
o   Copyright-Specific Inquiries and Intellectual Property Matters: copyright@trekguider.com (for all communications, inquiries, and reports specifically and exclusively pertaining to copyright infringement, intellectual property rights violations, and related matters).
o   General Inquiries, Customer Support, and all other Non-Legal or Non-Copyright Related Communications: contact@trekguider.com (for all routine inquiries, customer support requests, technical assistance, account-related issues, general feedback, and any and all other communications not specifically requiring legal or copyright-specific attention).
·        Official Website Contact Form: Electronic submissions transmitted through the official website contact form conspicuously and readily accessible on the TrekGuider Marketplace website: https://trekguider.com/contact/ (for general inquiries, customer support requests, and non-legal or non-copyright related communications).
·        Designated Physical Mailing Address for Formal Legal Correspondence and Service of Process: Postal mail delivery via registered or certified mail, postage prepaid, return receipt requested, and properly addressed to the following physical mailing address: TrekGuider Inc., 1207 Delaware Ave, Suite #167, Wilmington, DE 19806, United States (for formal legal notices, official legal correspondence, and service of legal process, demonstrably directed to the attention of the "Legal Department").
Please be explicitly advised and duly notified that communications, inquiries, or notifications transmitted through any communication channels, contact methods, or contact addresses other than those expressly, affirmatively, and unambiguously delineated and officially authorized hereinabove, including, but not limited to, telephonic communications, voice mail messages, facsimile transmissions, short message service (SMS) text messages, social media postings, or personal email addresses of individual TrekGuider Inc. personnel, shall not constitute valid or effective legal notice or official communication to TrekGuider Inc. for any purpose whatsoever under these Terms and Conditions, and are hereby explicitly, unequivocally, and perpetually disallowed and contractually negated. Users are solely responsible for utilizing the designated official contact channels and methods explicitly enumerated herein to ensure proper, effective, and legally valid communication with TrekGuider Inc.